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Report on proposed legislation pursuant to G.S. 164-43 submitted to the ... session of the North Carolina General Assembly

Report on proposed legislation pursuant to G.S. 164-43 submitted to the... session of the North Carolina General Assembly

NORTH CAROLINA
SENTENCING
AND
POLICY ADVISORY
COMMISSION
REPORT #1 ON PROPOSED LEGISLATION
PURSUANT TO G.S. 164-43
SUBMITTED TO THE 2005 SESSION OF THE
NORTH CAROLINA GENERAL ASSEMBLY
APRIL 2005
THE HONORABLE W. ERWIN SPAINHOUR SUSAN KATZENELSON
CHAIRMAN EXECUTIVE DIRECTOR
NC SENTENCING AND POLICY ADVISORY COMMISSION
MEMBERSHIP
Hon. W. Erwin Spainhour, Chairman
Superior Court Judge
Talmage Baggett
NC Association of County Commissioners
Locke T. Clifford
NC Bar Association
William A. Dudley
NC Dept. of Crime Control & Public Safety
Designee
Dr. Bertus R. Ferreira
Professor, East Carolina University
Melita Groomes
NC Post-Release Supervision & Parole
Commission Designee
Hon. R. Phillip Haire
State Representative
Donn Hargrove
NC Department of Juvenile Justice and
Delinquency Prevention
William P. Hart
NC Attorney General’s Designee
Mary Y. “Larry” Hines
Private Citizen, Governor’s Appointee
Hon. Carolyn K. Justus
State Representative
Hon. John Kerr
State Senator
Judge H. Paul McCoy, Jr.
NC District Court Judges’ Association
Judge Douglas J. McCullough
NC Court of Appeals Designee
Moe McKnight
NC Retail Merchants’ Association
Luther T. Moore
Lieutenant Governor’s Appointee
Hon. Ronald L. Moore
NC Conference of District Attorneys
Judge Fred G. Morrison, Jr.
Justice Fellowship
Sheriff Sam Page
NC Sheriffs’ Association
Chief Frank Palombo
NC Association of Chiefs of Police
Judge Ronald K. Payne
NC Conference of Superior Court Judges
Sandy C. Pearce
NC Department of Correction Designee
Cathy B. Purvis
NC Victim Assistance Network
June Ray
NC Association of Clerks of Superior Court
Lao E. Rubert
NC Community Sentencing Association
Billy J. Sanders
Commission Chairman’s Appointee
Hon. Scott Thomas
State Senator
Lyle J. Yurko
NC Academy of Trial Lawyers
Vacant
State Representative
Vacant
State Senator
NC SENTENCING AND POLICY ADVISORY COMMISSION
STAFF MEMBERS
=====================================================================
Susan Katzenelson
Executive Director
John Madler
Associate Director for Policy, Staff Attorney
Deborah Dawes Ginny Hevener
Senior Research & Policy Associate Senior Research & Policy Associate
Rebecca Ebron Karen Jones
Senior Research & Policy Associate Senior Research & Policy Associate
Tamara Flinchum Troy Page
Research & Policy Associate Research & Policy Associate
Deborah Andrews
Administrative Assistant
=========================================================================
NORTH CAROLINA SENTENCING AND POLICY ADVISORY
COMMISSION
REPORT ON PROPOSED LEGISLATION
PURSUANT TO G.S. 164-43
This report by the Sentencing Commission includes all bills introduced or amended through
March 15, 2005. The report is submitted in conformance with the following requirements
of G.S. 164-43:
(e) Upon adoption of a system for the classification of offenses formulated pursuant to G.S. 164-
41, the Commission or its successor shall review all proposed legislation which creates a new
criminal offense, changes the classification of an offense, or changes the range of punishment for
a particular classification, and shall make recommendations to the General Assembly.
(f) In the case of a new criminal offense, the Commission or its successor shall determine
whether the proposal places the offense in the correct classification, based upon the
considerations and principles set out in G.S. 164-41. If the proposal does not assign the offense
to a classification, it shall be the duty of the Commission or its successor to recommend the
proper classification placement.
(g) In the case of proposed changes in the classification of an offense or changes in the range of
punishment for a classification, the Commission or its successor shall determine whether such
a proposed change is consistent with the considerations and principles set out in G.S. 164-41, and
shall report its findings to the General Assembly.
(h) The Commission or its successor shall meet within 10 days after the last day for filing general
bills in the General Assembly for the purpose of reviewing bills as described in subsections (e),
(f) and (g). The Commission or its successor shall include in its report on a bill an analysis based
on an application of the correctional population simulation model to the provisions of the bill.
A one page summary is included for each bill (or each relevant section of a bill) which either
creates a new crime, changes the classification of an existing crime, or prescribes a new
range of punishments. The summary provides the bill number, the short title, and a brief
description. At the bottom of the summary is an analysis and a finding of whether the bill
appears consistent with the Commission’s classification criteria as specified in G.S. 164-41
(see following page for a description of the criteria). Following the summary is an analysis
of the projected impact of the bill (a more detailed impact analysis is provided to the Fiscal
Research Division). The impact estimates assume an effective date of December 1, 2005.
These summaries may not reflect the most recent bill amendments or committee substitutes.
The date on which each individual summary was prepared is shown on the bottom left hand
corner of each summary page. Changes made after this date are not reflected in this report.
The bills included in this report were reviewed by the North Carolina Sentencing and Policy
Advisory Commission on March 18, 2005.
The fact that the Commission found a bill to be either consistent or inconsistent with the
structured sentencing offense classification criteria does not imply either support for or
opposition to the bill. In this report, the Commission has taken no position on the merits of
any bill other than those specifically proposed by the Commission.
THE OFFENSE CLASSIFICATION CRITERIA
The Sentencing Commission was required by G.S. 164-41 to ".... classify criminal offenses
into felony and misdemeanor categories on the basis of their severity." The Commission
developed a classification criteria to guide the classification process and to ensure that there
was a systematic and rational basis for the classifications. The Commission decided that the
severity of an offense should be directly related to the harm to the victim that normally
results or tends to result from the criminal conduct.
The Commission defined three general types of harms: 1) harms to person (including both
physical and mental injury); 2) harms to property; and 3) harms to society (violations of
public order and welfare, violations of judicial or governmental operations, and/or violations
of public morality). Through considerable discussion and debate, the Commission grouped
these harms into a ten-level hierarchy which served as the basis for the Commission's
classifications (refer to the classification criteria on the following page). Once the
classification criteria was established, the Commission reviewed the individual elements of
all felonies in North Carolina and assigned each felony to a specific offense class based on
how closely the elements of the crime matched the classification criteria.
The purpose of establishing the classification criteria was to create a rational and consistent
philosophical basis for classifying offenses; to assure proportionality in severity; and to
provide a guidepost for classifying new crimes in the future.
Under the classification criteria, the most serious offense classes (A through F) primarily
involve personal injury, the risk of personal injury, serious societal injury or widespread
societal injury. The lower offense levels (G through I) primarily involve property loss or less
serious societal injury. The degree of harm is divided into three levels; injury to person,
property or society; significant injury to person, property or society; and serious injury to
person, property or society.
The Commission also assigned misdemeanor offenses to four classes: class A1, class 1, class
2 or class 3. The Commission did not create classification criteria for misdemeanors but
relied on the maximum sentences previously set by the General Assembly. Generally, crimes
which had previously been punishable by over six months were made class 1 misdemeanors,
those previously punishable by more than 30 days and up to six months were made class 2
misdemeanors, and those previously punishable by 30 days or less were made class 3
misdemeanors. Assaultive misdemeanors were made Class A1 misdemeanors.
FELONY OFFENSE CLASSIFICATION CRITERIA*
CLASS CRITERIA
A ! Reserved for First Degree Murder
[Reasonably tends to result or does result in]:
B ! Serious debilitating long-term personal injury
C ! Serious long-term personal injury
! Serious long-term or widespread societal injury
D ! Serious infringements on property interest which also implicate physical safety
concerns by use of a deadly weapon or an offense involving an occupied dwelling
E ! Serious personal injury
F ! Significant personal injury
! Serious societal injury
G ! Serious property loss:
Loss from the person or from the person's dwelling
H ! Serious property loss:
Loss from any structure designed to house or secure any activity or property
Loss occasioned by the taking or removing of property
Loss occasioned by breach of trust, formal or informal
! Personal injury
! Significant societal injury
I ! Serious property loss:
All other felonious property loss
! Societal injury
M ! All other misdemeanors
---------------------
* Personal injury includes both physical and mental injury.
Societal injury includes violations of public morality, judicial or government operations, and/or public order and welfare.
Note: The criteria were not used in the classification of the homicide offenses or drug offenses.
TABLE OF CONTENTS
Felony Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page
HB 3 Local Option Education Lottery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
HB 50 Street Gang Prevention Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
HB 217 Driving From/Leaving Scene of Accident . . . . . . . . . . . . . . . . . . . . . . . . . . 13
HB 238 Public Confidence In Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
HB 288 MV Move-Over Law Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
HB 423 Habitual Misd. Larceny/Felony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
HB 490 False Report/Destructive Device . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
HB 611 Rachel’s Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
HB 614 Child Solicitation by Computer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
HB 891 Master Keys/Lock-Picking Devices Regulated . . . . . . . . . . . . . . . . . . . . . . 46
HB 935 Construction Site Theft/Aggravate Penalty . . . . . . . . . . . . . . . . . . . . . . . . . 52
SB 61 Felony Death/Serious Injury by Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
SB 200 Fetal Murder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
SB 223 Public Confidence In Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
SB 428 No Lasers Pointed at Planes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
SB 472 Child Exploitation Prevention Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
SB 477 Master Keys/Lock-Picking Devices Regulated . . . . . . . . . . . . . . . . . . . . . . 46
SB 485 Hate Crimes/Matthew Shepard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
SB 486 Rachel’s Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
SB 532 Construction Site Theft/Aggravate Penalty . . . . . . . . . . . . . . . . . . . . . . . . . 52
SB 591 False Report/Destructive Device. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
SB 1142 MV Move-Over Law Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 1
BILL NUMBER/SHORT TITLE: HB 3 - LOCAL OPTION EDUCATION LOTTERY
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 143D-39. No financial interest in certain persons allowed and no bribes or gifts from certain persons
allowed.
DESCRIPTION
A Commissioner, the Director, or an employee of the State Lottery Commission who
1. has a financial interest in a lottery contractor, or
2. solicits, accepts, or agrees to accept anything from a lottery contractor, a lottery vendor, or a person who
could reasonably be expected to submit a bid to provide goods or services to the State Lottery
Commission.
PROPOSED OFFENSE CLASS
Class I felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in societal injury
as Class I felonies.
This provision is identical to a provision in HB 1351 which the Commission reviewed in June, 2004. The
Commission found that provision to be consistent with the Offense Classification Criteria.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 2
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
HB 3 - LOCAL OPTION EDUCATION LOTTERY
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER STRUCTURED
SENTENCING
Analysis has not been requested yet.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 3
BILL NUMBER/SHORT TITLE: HB 50 - STREET GANG PREVENTION ACT
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-50.18. Participation in criminal street gang activity prohibited.
DESCRIPTION
Subsection (a):
A person who
1. is employed by or associated with a criminal street gang (defined as any organization, association, or
group of three or more persons, whether formal or informal, which engages in a pattern of criminal gang
activity as defined by statute)
2. conducts or participates in the criminal street gang
3. through a pattern of criminal gang activity (defined as the commission, attempted commission,
conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit at least two
of the listed offenses, provided that at least one of these offenses occurred after December 1, 2005, and
the last of the offenses occurred within three years, excluding any periods of imprisonment, of prior
criminal gang activity).
PROPOSED OFFENSE CLASS
Class E felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
personal injury as Class E felonies.
This provision is identical to a provision in HB 732 which the Commission reviewed in April, 2003. The
Commission found that provision to be inconsistent with the Offense Classification Criteria.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
A Class E felony tends to result in serious personal injury. This offense does not always result in serious
personal injury. This offense would be consistent with a Class H felony. The Sentencing Commission
classified offenses which reasonably tend to or do result in significant societal injury as Class H felonies.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 4
BILL NUMBER/SHORT TITLE: HB 50 - STREET GANG PREVENTION ACT (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-50.18. Participation in criminal street gang activity prohibited.
DESCRIPTION
Subsection (b):
A person who
1. acquires or maintains, directly or indirectly,
2. through a pattern of criminal gang activity or proceeds derived therefrom
3. any interest in or control of any real or personal property of any nature, including money.
PROPOSED OFFENSE CLASS
Class E felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
personal injury as Class E felonies.
This provision is identical to a provision in HB 732 which the Commission reviewed in April, 2003. The
Commission found that provision to be inconsistent with the Offense Classification Criteria.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
A Class E felony tends to result in serious personal injury. This offense does not always result in serious
personal injury. This offense would be consistent with a Class H felony. The Sentencing Commission
classified offenses which reasonably tend to or do result in significant societal injury as Class H felonies.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission���s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 5
BILL NUMBER/SHORT TITLE: HB 50 - STREET GANG PREVENTION ACT (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CHANGE THE PUNISHMENT RANGE FOR A CRIME/CLASS
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-50.18. Participation in criminal street gang activity prohibited.
DESCRIPTION
Subsection (c):
Any person who
1. occupies a position of organizer, supervisory position, or any other position of management with regard
to a criminal street gang, and
2. engages in, directly or indirectly, or conspire to engage in
3. a pattern of criminal gang activity.
PUNISHMENT RANGE
CURRENT: Punished according to the class of the offense and the offender’s prior record or conviction
level.
PROPOSED: Punished by imprisonment for an additional 10 years which shall be served consecutively to
any other sentence imposed (a separate sentence).
ANALYSIS
It is not clear from the bill whether this section is intended to be a new offense or a sentence enhancement.
This provision is identical to a provision in HB 732 which the Commission reviewed in April, 2003. The
Commission found that provision to be inconsistent with G.S. 164-41.
FINDINGS
Bill is consistent with G.S. 164-41.
Bill is inconsistent with G.S. 164-41.
Note: There is currently an aggravating factor that applies to offenders who occupy a position of leadership
(G.S. 15A-1340.16(d)(1)).
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 6
BILL NUMBER/SHORT TITLE: HB 50 - STREET GANG PREVENTION ACT (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-50.18. Participation in criminal street gang activity prohibited.
DESCRIPTION
Subsection (d):
A person who
1. causes, encourages, solicits, or coerces
2. another
3. to participate in a criminal street gang.
PROPOSED OFFENSE CLASS
Class G felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss from the person or the person’s dwelling as Class G felonies.
This provision is identical to a provision in HB 732 which the Commission reviewed in April, 2003. The
Commission found that provision to be inconsistent with the Offense Classification Criteria.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
A Class G felony tends to result in serious property loss from the person or the person’s dwelling. This
offense does not result in serious property loss from the person or the person��s dwelling. The “causes,
encourages, solicits” portion of this offense would be consistent with a Class I felony. The Sentencing
Commission classified offenses which reasonably tend to or do result in societal injury as Class I felonies.
The “coerces” portion of this offense would be consistent with a Class H felony. The Sentencing
Commission classified offenses which reasonably tend to or do result in significant societal injury as Class
H felonies.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 7
BILL NUMBER/SHORT TITLE: HB 50 - STREET GANG PREVENTION ACT (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-50.18. Participation in criminal street gang activity prohibited.
DESCRIPTION
Subsection (e):
A person who
1. communicates, directly or indirectly,
2. with another
3. a threat of injury or damage to the person or property of the other person or to any associate or relative
of the other person
4. with the intent to deter the person from assisting a member or associate of a criminal street gang to
withdraw from such gang.
PROPOSED OFFENSE CLASS
Class G felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss from the person or the person’s dwelling as Class G felonies.
This provision is identical to a provision in HB 732 which the Commission reviewed in April, 2003. The
Commission found that provision to be inconsistent with the Offense Classification Criteria.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 8
BILL NUMBER/SHORT TITLE: HB 50 - STREET GANG PREVENTION ACT (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-50.18. Participation in criminal street gang activity prohibited.
DESCRIPTION
Subsection (f):
A person who
1. communicates, directly or indirectly,
2. with another
3. a threat of injury or damage to the person or property of the other person or to any associate or relative
of the other person
4. With the intent to punish or retaliate against the person for having withdrawn from a criminal street
gang.
PROPOSED OFFENSE CLASS
Class G felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss from the person or the person’s dwelling as Class G felonies.
This provision is identical to a provision in HB 732 which the Commission reviewed in April, 2003. The
Commission found that provision to be inconsistent with the Offense Classification Criteria.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 9
BILL NUMBER/SHORT TITLE: HB 50 - STREET GANG PREVENTION ACT (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CHANGE THE PUNISHMENT RANGE FOR A CRIME/CLASS
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-50.19. Enhanced offense for criminal gang activity.
DESCRIPTION
A person who
1. is convicted of an offense and
2. that offense is committed for the benefit of, at the direction of, or in association with, any criminal street
gang.
PUNISHMENT RANGE
CURRENT (if applicable): Punished according to the class of the offense and the offender’s prior record
or conviction level.
PROPOSED: Punished one class higher than the class of the offense committed.
ANALYSIS
FINDINGS
Bill is consistent with G.S. 164-41.
Bill is inconsistent with G.S. 164-41.
Note: There is currently an aggravating factor that applies to offenses committed for the benefit of, or at the
direction of, any criminal street gang (G.S. 15A-1340.16(d)(2a)).
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 10
BILL NUMBER/SHORT TITLE: HB 50 - STREET GANG PREVENTION ACT (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-34.9. Discharging a firearm from within an enclosure.
DESCRIPTION
A person who
1. willfully and wantonly
2. discharges or attempts to discharge
3. a firearm
4. from within any building, structure, motor vehicle, aircraft, watercraft, or other enclosure
5. toward a person or persons not within that enclosure.
PROPOSED OFFENSE CLASS
Class E felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
personal injury as Class E felonies.
G.S. 14-34.1, Discharging a firearm into occupied property, is a Class E felony.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 11
BILL NUMBER/SHORT TITLE: HB 50 - STREET GANG PREVENTION ACT (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CHANGE THE PUNISHMENT RANGE FOR A CRIME/CLASS
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 15A-1340.16B. Enhanced sentence if defendant is convicted of a Class A, B1, B2, C, D, or E felony that
was committed for the benefit of, at the direction of, or in association with, any criminal street gang, and the
defendant possessed, displayed, or discharged a firearm during the commission of the felony.
DESCRIPTION
Notwithstanding G.S. 15A-1340.16A (the current firearm enhancement):
A person who
1. is convicted of a Class A, B1, B2, C, D, or E felony and
2. committed that felony for the benefit of, at the direction of, or in association with any criminal street
gang, and
3. possessed, displayed, or discharged a firearm during the commission of the felony.
PUNISHMENT RANGE
CURRENT (if applicable): If any person is convicted of a Class A through E felony and they used,
displayed, or threatened to use or display a firearm, their minimum sentence may be increased by 60 months.
The enhancement does not apply if the evidence of the use, display, or threat to use or display the firearm
is needed to prove an element of the felony or if the person is not sentenced to an active sentence.
PROPOSED: For possession, an additional minimum term of 60 months; for displaying, an additional
minimum term of 84 months; for discharging, an additional minimum term of 120 months. This sentence
must be active and consecutive to any other sentence being served. The enhancement applies regardless of
whether the evidence is also necessary to prove an element of the felony or the person received an
intermediate punishment.
ANALYSIS
Only applies to persons associated with a criminal street gang and it includes discharging a firearm.
FINDINGS
Bill is consistent with G.S. 164-41.
Bill is inconsistent with G.S. 164-41.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 12
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
HB 50 - STREET GANG PREVENTION ACT
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER STRUCTURED
SENTENCING
Analysis has not been completed yet.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 13
BILL NUMBER/SHORT TITLE: HB 217 [v.2] - DRIVING FROM/LEAVING SCENE OF ACCIDENT
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 20-166. Duty to stop in event of accident or collision; furnishing information or assistance to injured
person, etc.; persons assisting exempt from civil liability.
DESCRIPTION
Amends subsection (a): If a driver knows or reasonably should know that the vehicle he is operating is
involved in an accident or collision and the accident or collision has resulted in injury or death to any person,
he shall immediately stop at the scene.
1. The driver and the passengers shall remain with the vehicle at the scene of the accident until a law-enforcement
officer completes the investigation or authorizes the driver and passengers to leave and the
vehicle to be removed.
2. Prior to completion of the investigation or authorization to leave:
a. the driver may not facilitate, allow, or agree to the removal of the vehicle from the scene, and
b. the passenger may not remove or facilitate the removal of the vehicle from the scene.
3. The driver and the passengers may leave the scene to call a law-enforcement officer or for medical
assistance or treatment, but must return with the vehicle to the scene within a reasonable period of time.
PROPOSED OFFENSE CLASS
Class H felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in personal
injury as Class H felonies.
The current offense is a Class H felony. This bill makes similar changes to subsection (c), which is a Class
1 misdemeanor.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony and Misdemeanor
Simulation Data 14
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
HB 217 [v.2]: DRIVING FROM/LEAVING SCENE OF ACCIDENT
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
G.S. 20-166(a)
G.S. 20-166(a) currently prohibits drivers from leaving the scene of an accident involving
personal injury. The proposed amendment adds passengers as potential defendants. In FY
2003/04, there were 44 convictions under G.S. 20-166(a), which is a Class H felony. It is
not known how many additional offenders might be sentenced as a result of amending this
statute to include passengers as potential defendants. If, for example, there were 3 additional
Class H felony convictions per year, the combination of active sentences and probation
revocations would result in the need for one additional prison bed the first year and two
additional prison beds the second year.
In addition, the proposed bill creates a new Class H offense for facilitating the removal of
the vehicle from the scene by drivers or passengers. The Sentencing Commission does not
have any historical data from which to estimate the impact of this proposed offense on the
prison population. It is not known how many offenders might be sentenced for this new
offense. If, for example, there were 3 additional Class H felony convictions per year, the
combination of active sentences and probation revocations would result in the need for one
additional prison bed the first year and two additional prison beds the second year.
G.S. 20-166(c)
G.S. 20-166(c) currently prohibits drivers from leaving the scene of an accident involving
property damage. The proposed amendment adds passengers as potential defendants. In FY
2003/04, there were 791 convictions under G.S. 20-166(c), which is a Class 1 misdemeanor.
It is also possible that this conduct has been convicted under G.S. 20-166(c1). In FY
2003/04, there were 288 convictions under G.S. 20-166(c1), which is also a Class 1
misdemeanor. It is not known how many additional offenders might be sentenced as a result
of amending this statute to include passengers as potential defendants. In FY 2003/04, 19%
of Class 1 misdemeanor convictions resulted in active sentences. The average estimated time
served for Class 1 convictions was 31.2 days. Offenders serving active sentences of 90 days
or less are housed in county jails. Therefore, additional Class 1 misdemeanor convictions
would not be expected to have a significant impact on the prison population. The impact on
local jail populations is not known. If there is a large number of additional convictions, the
impact on local jail populations could be substantial.
In addition, the proposed bill creates a new Class 1 misdemeanor offense for facilitating the
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony and Misdemeanor
Simulation Data 15
removal of the vehicle from the scene by drivers or passengers. The Sentencing Commission
does not have any historical data from which to estimate the impact of this proposed offense
on the prison population. It is not known how many offenders might be sentenced for this
offense. In FY 2003/04, 19% of Class 1 misdemeanor convictions resulted in active
sentences. The average estimated time served for Class 1 convictions was 31.2 days.
Offenders serving active sentences of 90 days or less are housed in county jails. Therefore,
additional Class 1 misdemeanor convictions would not be expected to have a significant
impact on the prison population. The impact on local jail populations is not known.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does
not imply either support or opposition to the bill itself. 16
BILL NUMBER/SHORT TITLE: HB 238/SB 223 - PUBLIC CONFIDENCE IN ELECTIONS
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 163-165.9A. Voting systems: requirements for voting systems vendors; penalties.
DESCRIPTION
Subsection (a):
Every vendor that has a contract to provide a voting system in North Carolina shall do all of the following:
(1) Place a copy of all source code in escrow.
(2) Notify the State Board of Elections of any change in source code or any change in the foundation
operating system.
(3) Make accessible for review all relevant source code.
(4) The CEO of the vendor shall sign a sworn affidavit that the source code in escrow is the same being
used in its voting systems in this State.
(5) Notify the State Board of Elections and the county board of elections of any county using its voting
system of any defect in the same system known to have occurred anywhere.
(6) Maintain an office in North Carolina with staff to service the contract.
Subsection (b):
A vendor who
1. willfully and fraudulently
2. violates any of the duties in subsection (a).
PROPOSED OFFENSE CLASS
Class I felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in societal injury
as Class I felonies.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does
not imply either support or opposition to the bill itself. 17
BILL NUMBER/SHORT TITLE: HB 238/SB 223 - PUBLIC CONFIDENCE IN ELECTIONS (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 163-165.9A. Voting systems: requirements for voting systems vendors; penalties.
DESCRIPTION
Subsection (b):
A vendor who
1. substitutes source code
2. into an operating voting system
3. without notification as provided by subdivision (a)(2) of this section.
PROPOSED OFFENSE CLASS
Class I felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in societal injury
as Class I felonies.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Note: This section would also be consistent with the Offense Classification Criteria for a Class H felony.
The Sentencing Commission classified offenses which reasonably tend to result or do result in significant
societal injury as Class H felonies.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does
not imply either support or opposition to the bill itself. 18
BILL NUMBER/SHORT TITLE: HB 238/SB 223 - PUBLIC CONFIDENCE IN ELECTIONS (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 163-165.7. Voting systems: powers and duties of State Board of Elections.
DESCRIPTION
Subsection (c):
Any person who is responsible for the misuse or unauthorized release of the source code held in escrow.
PROPOSED OFFENSE CLASS
Subject to the provisions of G.S. 14-75.1, Larceny of secret technical processes, a Class H felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss occasioned by the taking or removing of property or the breach of trust, formal or informal,
as Class H felonies.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony Simulation Data 19
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
HB 238/SB 223: PUBLIC CONFIDENCE IN ELECTIONS
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
G.S. 163-165.9A
Since the proposed section creates new offenses, the Sentencing Commission does not have any historical
data from which to estimate the impact of this bill on the prison population. It is not known how many
offenders might be sentenced under the proposed bill. The offenses contained in certain subsections may
be committed by either a corporate entity or an individual; however, any potential prison impact is based
on the conviction of individuals. If, for example, there were ten Class I convictions under this proposed
section per year, the combination of active sentences and probation revocations would result in the need for
one additional prison bed the first year and three additional prison beds the second year.
G.S. 163-165.7
There were no convictions under G.S. 14-75.1 in FY 2003/04. It is not known how many additional
offenders might be sentenced as a result of the broadening of G.S. 14-75.1 to provide trade secret protection
to voting system source code. If, for example, there were three additional Class H convictions per year, the
combination of active sentences and probation revocations would result in the need for one additional prison
bed the first year and two additional prison beds the second year.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 20
BILL NUMBER/SHORT TITLE: HB 288/SB 1142 - MV MOVE-OVER LAW CHANGES
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 20-157. Approach of police, fire department or rescue squad vehicles or ambulances; driving over fire hose
or blocking fire-fighting equipment; parking, etc., near police, fire department, or rescue squad vehicle or
ambulance.
DESCRIPTION
A driver of any vehicle who
(b) follows closer than one block any fire apparatus traveling in response to a fire alarm or drives into or park within one block
of where a fire apparatus has stopped to answer an alarm.
(c) (Outside the corporate limits of any city or town) follows any fire apparatus traveling in response to a fire alarm closer than
400 feet or drives into or park such vehicle within a space of 400 feet from where fire apparatus has stopped in answer to
a fire alarm.
(d) drives a motor vehicle over a fire hose or any other equipment that is being used at a fire at any time, or blocks a fire-fighting
apparatus or any other equipment from its source of supply regardless of its distance from the fire.
(e) other than one on official business, parks and leaves standing such vehicle within 100 feet of police or fire department
vehicles, public or private ambulances, or rescue squad emergency vehicles which are engaged in the investigation of an
accident or engaged in rendering assistance to victims of such accident.
(f) passes an emergency vehicle that is stopped or standing within 12 feet of the roadway must move to the lane farthest away
or slow down.
(h) a person violates subsections (b) through (f) and causes damage to property in the immediate area of
the stationary authorized emergency vehicle.
PROPOSED OFFENSE CLASS
Class I felony punishable by a fine of not more than $500 or imprisonment, or both. (Subsections (b)
through (f) are currently infractions. The bill raises them to Class 1 misdemeanors.)
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss as Class I felonies.
Sentence indicates fine or imprisonment or both. Imprisonment is not authorized for all prior record levels
in Class I under structured sentencing.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Note: The proposed punishment is inconsistent with structured sentencing. Imprisonment is not authorized
for all prior record levels in Class I under structured sentencing (subsection (g) contains the same
inconsistency for Class 1 misdemeanor offenses).
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 21
BILL NUMBER/SHORT TITLE: HB 288/SB 1142 - MV MOVE-OVER LAW CHANGES (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 20-157. Approach of police, fire department or rescue squad vehicles or ambulances; driving over fire hose
or blocking fire-fighting equipment; parking, etc., near police, fire department, or rescue squad vehicle or
ambulance.
DESCRIPTION
(i) a person violates subsections (b) through (f) of this section and causes injury to a police officer, a
firefighter, an emergency vehicle removal operator, an Incident Management Assistance Patrol member,
or any other emergency response person in the immediate area of the stationary authorized emergency
vehicle.
PROPOSED OFFENSE CLASS
Class H felony punishable by a fine of not more than $5000 or imprisonment, or both. (Subsections (b)
through (f) are currently infractions. The bill raises them to Class 1 misdemeanors.)
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in personal
injury as Class H felonies.
Sentence indicates fine or imprisonment or both.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 22
BILL NUMBER/SHORT TITLE: HB 288/SB 1142 - MV MOVE-OVER LAW CHANGES (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 20-157. Approach of police, fire department or rescue squad vehicles or ambulances; driving over fire hose
or blocking fire-fighting equipment; parking, etc., near police, fire department, or rescue squad vehicle or
ambulance.
DESCRIPTION
(j) a person violates subsections (b) through (f) of this section and causes or is the proximate cause of the
death of a police officer, a firefighter, an emergency vehicle removal operator, an Incident Management
Assistance Patrol member, or any other emergency response person in the immediate area of the
stationary authorized emergency vehicle.
PROPOSED OFFENSE CLASS
Class F felony punishable by a fine of not more than $10000 or imprisonment, or both. (Subsections (b)
through (f) are currently infractions. The bill raises them to Class 1 misdemeanors.)
ANALYSIS
The Sentencing Commission did not use the criteria in classifying the homicide offenses.
G.S. 14-18, Involuntary manslaughter, is a Class F felony.
Sentence indicates fine or imprisonment or both.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
The Offense Classification Criteria were not used in the classification of homicide offenses.
Note: Involuntary manslaughter, G.S. 14-18, is a Class F felony.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony and Misdemeanor Simulation Data 23
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
HB 288/SB 1142: MOVE-OVER LAW CHANGES
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
G.S. 20-157(b)-(f)
This bill reclassifies infractions in these subsections to Class 1 misdemeanors. The North Carolina
Sentencing and Policy Advisory Commission does not maintain data on infractions. In FY 2003/04, 19%
of Class 1 misdemeanor convictions resulted in active sentences. The average estimated time served for
Class 1 convictions was 31.2 days. Offenders serving active sentences of 90 days or less are housed in
county jails. Therefore, the reclassification of infractions to offenses punishable as Class 1 misdemeanors
under this proposed bill would not be expected to have a significant impact on the prison population. The
impact on local jail populations is not known. It is not known how many additional convictions may result
from the proposed expansion of subsection (f) to include “any public service vehicle.”
G.S. 20-157(h)
Since the proposed bill creates a new offense, the Sentencing Commission does not have any historical data
from which to estimate the impact of this bill on the prison population. It is not known how many offenders
might be sentenced for this offense. If, for example, there were ten Class I convictions under this proposed
bill per year, the combination of active sentences and probation revocations would result in the need for one
additional prison bed the first year and three additional prison beds the second year.
G.S. 20-157(I)
Since the proposed bill creates a new offense, the Sentencing Commission does not have any historical data
from which to estimate the impact of this bill on the prison population. It is not known how many offenders
might be sentenced for this offense. If, for example, there were 3 additional convictions for the Class H
felony offense per year, the combination of active sentences and probation revocations would result in the
need for one additional prison bed the first year and two additional prison beds the second year.
G.S. 20-157(j)
Since the proposed bill creates a new offense, the Sentencing Commission does not have any historical data
from which to estimate the impact of this bill on the prison population. It is not known how many offenders
might be sentenced for this offense. If, for example, there were two Class F convictions under this proposed
bill per year, the combination of active sentences and probation revocations would result in the need for one
additional prison bed the first year and three additional prison beds the second year.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does
not imply either support or opposition to the bill itself. 24
BILL NUMBER/SHORT TITLE: HB 423 - HABITUAL MISD. LARCENY/FELONY
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-86.2. Habitual misdemeanor larceny.
DESCRIPTION
A person who
1. is 18 years of age or older
2. commits misdemeanor larceny under G.S. 14-72(a)
3. and has been convicted of five or more prior misdemeanor larceny convictions.
PROPOSED OFFENSE CLASS
Class H felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss occasioned by the taking or removing of property as Class H felonies.
The proposed statute limits prior convictions used to establish the offense to one per session of district court
or week of superior court. The proposed statute excludes convictions for this offense from being used for
habitual felon purposes.
This provision is identical to HB 108 which the Commission reviewed in March, 2003. The Commission
found that provision to be consistent with the Offense Classification Criteria.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
While the AOC database contains information on the number of prior record/c 1 onviction points, it does not contain
information about the specific offenses that are used to calculate the number of prior record/conviction points.
2 Prior Conviction Level III requires five or more prior convictions. Under current law only one offense in a single session
of District Court or a week of Superior Court may be counted when determining prior conviction level.
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony and Misdemeanor Simulation Data 25
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
HB 423: HABITUAL MISD. LARCENY/FELONY
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
The Sentencing Commission does not have any data to indicate what proportion of offenders would be
convicted as Class H offenders under N.C.G.S. 14-86.2.1 Therefore, it is not known how many offenders
might be sentenced under this bill.
During FY 2003/04, there were 14,487 misdemeanor convictions under N.C.G.S. 14-72(a), which includes
convictions for misdemeanor larceny (14,393), misdemeanor larceny of motor vehicle (20), and aid and abet
misdemeanor larceny (74). Of these convictions, 992 were for offenders 16-17 years of age at sentencing,
13,189 were for offenders 18 years of age or older at sentencing, and the remainder had missing values for
age. Of those identified as 18 years of age or older at sentencing, 2,810 fell in Prior Conviction Level III.2
Thus, if a large number of offenders would be convicted as Class H offenders instead of Class 1 offenders,
the impact could be substantial.
If, for example, there were three convictions that moved from a Class 1 misdemeanor to a Class H
felony, the combination of active sentences and probation revocations would result in the need for one
prison bed the first year and two prison beds the second year.
If it is assumed that 141 convictions (or about five percent of the 2,810 convictions for offenders 18
years of age or older who were sentenced in Prior Conviction Level III) had five or more prior
convictions for misdemeanor larceny offenses and would be convicted as Class H felons under the
proposed statute, the combination of active sentences and probation revocations would result in the need
for 42 prison beds the first year and 85 prison beds the second year.
If it is assumed that 281 convictions (or ten percent of the 2,810 convictions for offenders 18 years of
age or older who were sentenced in Prior Conviction Level III) had five or more prior convictions for
misdemeanor larceny offenses and would be convicted as Class H felons under the proposed statute,
the combination of active sentences and probation revocations would result in the need for 83 prison
beds the first year and 169 prison beds the second year.
If it is assumed that 1,405 convictions (or one-half of the 2,810 convictions for offenders 18 years of
age or older who were sentenced in Prior Conviction Level III) had five or more prior convictions for
misdemeanor larceny offenses and would be convicted as Class H felons under the proposed statute,
the combination of active sentences and probation revocations would result in the need for 413 prison
beds the first year and 841 prison beds the second year.
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony and Misdemeanor Simulation Data 26
If it is assumed that all 2,810 convictions for offenders 18 years of age or older who were sentenced in
Prior Conviction Level III had five or more prior convictions for misdemeanor larceny offenses and
would be convicted as Class H felons under the proposed statute, the combination of active sentences
and probation revocations would result in the need for 825 prison beds the first year and 1,683 prison
beds the second year.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 27
BILL NUMBER/SHORT TITLE: HB 490/SB 591 - FALSE REPORT/DESTRUCTIVE DEVICE
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-69.1. Making a false report concerning a destructive device.
DESCRIPTION
Subsection (a):
A person who
1. by any means of communication to any person or group of persons, makes a report,
2. knowing or having reason to know the report is false,
3. that there is located in or in sufficient proximity to cause damage to any building, house or other
structure whatsoever or any vehicle, aircraft, vessel or boat
4. any device designed to destroy or damage the building, house or structure or vehicle, aircraft, vessel or
boat by explosion, blasting or burning.
PROPOSED OFFENSE CLASS
Class H felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in significant
societal injury as Class H felonies.
The current offense is a Class H felony.
G.S. 14-69.2, Perpetrating hoax by use of false bomb or other device, is a Class H felony, a Class G felony
if it is the second conviction within five years of the first conviction.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 28
BILL NUMBER/SHORT TITLE: HB 490/SB 591 - FALSE REPORT/DESTRUCTIVE DEVICE (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-69.1. Making a false report concerning a destructive device.
DESCRIPTION
Subsection (b):
A person who
1. by any means of communication to any person or group of persons, makes a report,
2. knowing or having reason to know the report is false,
3. that there is located in or in sufficient proximity to cause damage to any public building
4. any device designed to destroy or damage the public building.
PROPOSED OFFENSE CLASS
Class H felony, Class G felony if it is the second conviction within five years of the first conviction.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in significant
societal injury as Class H felonies.
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss from the person or from the person’s dwelling as Class G felonies.
The current offense is a Class H felony, Class G felony if it is the second conviction within five years of the
first conviction.
G.S. 14-69.2, Perpetrating hoax by use of false bomb or other device, is a Class H felony, a Class G felony
if it is the second conviction within five years of the first conviction.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony Simulation Data 29
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
HB 490/SB 591: FALSE REPORT/DESTRUCTIVE DEVICE
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
G.S. 14-69.1(a)
There were 7 Class H convictions under G.S. 14-69.1(a) during FY 2003/04. It is not known how many
additional convictions may result from the proposed broadening of the current statute. If, for example, there
were three additional Class H convictions per year, the combination of active sentences and probation
revocations would result in the need for one additional prison bed the first year and two additional prison
beds the second year.
G.S. 14-69.1(c)
There were 12 Class H convictions and no Class G convictions under G.S. 14-69.1(c) during FY 2003/04.
It is not known how many additional convictions may result from the proposed broadening of the current
statute. If, for example, there were three additional Class H convictions per year, the combination of active
sentences and probation revocations would result in the need for one additional prison bed the first year and
two additional prison beds the second year. If, for example, there were two additional Class G convictions
per year, the combination of active sentences and probation revocations would result in the need for one
additional prison bed the first year and two additional prison beds the second year.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 30
BILL NUMBER/SHORT TITLE: HB 611/SB 486 - RACHEL’S LAW
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-34.1. Discharging certain barreled weapons or a firearm into occupied property.
DESCRIPTION
Current offense (subsection (a)):
Any person who
1. willfully or wantonly discharges or attempts to discharge:
(a) Any barreled weapon capable of discharging shot, bullets, pellets, or other missiles at a muzzle
velocity of at least 600 feet per second; or
(b) A firearm
2. into any building, structure, vehicle, aircraft, watercraft, or other conveyance, device, equipment,
erection, or enclosure
3. while it is occupied.
New element:
A person who violates subsection (a) of this section by discharging a weapon described in subsection (a) of
this section
1. into a dwelling or
2. any vehicle, aircraft, watercraft, or other conveyance that is traveling upon the public streets or
highways of this State or in a public vehicular area, or is traveling upon any waterway or in any airspace
within this State.
PROPOSED OFFENSE CLASS
Class C felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious long-term
or widespread societal injury as Class C felonies.
The current offense is a Class E felony.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 31
BILL NUMBER/SHORT TITLE: HB 611/SB 486 - RACHEL’S LAW (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-34.1. Discharging certain barreled weapons or a firearm into occupied property.
DESCRIPTION
New element:
A person who violates subsection (a) of this section by discharging a weapon described in subsection (a) of
this section
1. into a dwelling or
2. any vehicle, aircraft, watercraft, or other conveyance that is traveling upon the public streets or
highways of this State or in a public vehicular area, or is traveling upon any waterway or in any airspace
within this State, and
3. the violation results in serious injury to any person.
PROPOSED OFFENSE CLASS
Class B2 felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
debilitating long-term personal injury as Class B felonies.
The current offense is a Class E felony.
G.S. 14-17, Second degree murder, is the only Class B2 felony.
G.S. 14-33(c)(1), Assault inflicting serious injury or using a deadly weapon, is a Class A1 misdemeanor.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony Simulation Data
32
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
HB 611/SB 486 - RACHEL’S LAW
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
G.S. 14-34.1(c)
In FY 2003/04, there were 89 convictions under G.S. 14-34.1 (discharging certain barreled weapons or a
firearm into occupied property), which is a Class E felony. It is not known how many of the convictions
under G.S. 14-34.1 involved a dwelling or a traveling vehicle and would, therefore, become Class C
convictions under the proposed bill.
Under Structured Sentencing, with the exception of extraordinary mitigation, all Class C offenders are
required to receive an active sentence. In FY 2003/04 the average estimated time served for an offender
convicted of a Class C offense was 95 months. Class C felonies have a long-term effect on the prison
population due to the long sentences imposed, which result in a Astacking@ effect. If, for example, there were
one conviction for this offense per year, this bill would result in the need for one additional prison bed the
first year and two additional prison beds the second year. Due to the mandatory active sentences and long
sentence lengths, additional convictions would continue to stack up over the 10-year projection period.
G.S. 14-34.1(d)
In FY 2003/04, there were 453 convictions under G.S. 14-32(b) (assault with a deadly weapon inflicting
serious injury), which is a Class E felony. It is not known how many of these convictions would meet the
elements of G.S. 14-34.1(c) and would become Class B2 convictions under the proposed bill. It is also not
known how many of the 89 convictions under G.S. 14-34.1 involved a dwelling or traveling vehicle and
resulted in serious injury. Therefore, it is not known how many of these convictions would become Class
B2 convictions under the proposed bill.
Under Structured Sentencing, with the exception of extraordinary mitigation, all Class B2 offenders are
required to receive an active sentence. In FY 2003/04 the average estimated time served for an offender
convicted of a Class B2 offense was 189 months. Class B2 felonies have a long-term effect on the prison
population due to the long sentences imposed, which result in a Astacking@ effect. If, for example, there were
one conviction for this offense per year, this bill would result in the need for one additional prison bed the
first year and two additional prison beds the second year. Due to the mandatory active sentences and long
sentence lengths, additional convictions would continue to stack up over the 10-year projection period.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 33
BILL NUMBER/SHORT TITLE: HB 614 - CHILD SOLICITATION BY COMPUTER
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CHANGE THE CLASS OF AN EXISTING OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-202.3. Solicitation of child by computer to commit an unlawful sex act.
DESCRIPTION
A person who is 16 years of age or older
1. knowingly, with the intent to commit an unlawful sex act,
2. entices, advises, coerces, orders, or commands,
3. by means of a computer,
4. a child who is less than 16 years of age and at least 3 years younger than the defendant,
5. to meet with the defendant or any other person
6. for the purpose of committing an unlawful sex act.
OFFENSE CLASS
CURRENT: Class I felony.
PROPOSED: Class E felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in societal injury
as Class I felonies.
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
personal injury as Class E felonies.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 34
BILL NUMBER/SHORT TITLE: HB 614 - CHILD SOLICITATION BY COMPUTER (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-202.3. Solicitation of child by computer to commit an unlawful sex act.
DESCRIPTION
A person who is 16 years of age or older
1. knowingly, with the intent to commit an unlawful sex act,
2. entices, advises, coerces, orders, or commands,
3. by means of a computer,
4. someone whom the person believes to be under the age of 16
5. to meet with the defendant or any other person
6. for the purpose of committing an unlawful sex act.
PROPOSED OFFENSE CLASS
Class E felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
personal injury as Class E felonies.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony Simulation Data 35
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
HB 614: CHILD SOLICITATION BY COMPUTER
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
The Administrative Office of the Courts (AOC) currently does not have a specific offense code for violations
of G.S. 14-202.3. The lack of an AOC offense code is some indication that this offense is infrequently
charged and/or infrequently results in convictions. If there were 10 Class I convictions under the current
statute that were reclassified to Class E (as proposed), this would result in the need for four additional prison
beds the first year and 10 additional prison beds the second year.
The proposed bill also creates a new offense. The Sentencing Commission does not have any historical data
from which to estimate the impact of this proposed offense on the prison population. It is not known how
many offenders might be convicted and sentenced for this proposed offense. If, for example, there were two
Class E convictions for this proposed offense per year, the combination of active sentences and probation
revocations would result in the need for one additional prison bed the first year and three additional prison
beds the second year.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does
not imply either support or opposition to the bill itself. 36
BILL NUMBER/SHORT TITLE: SB 61 - FELONY DEATH/SERIOUS INJURY BY VEHICLE
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 20-141.4 (a3). Felony Serious Injury by Vehicle.
DESCRIPTION
A person who
1. unintentionally
2. causes serious injury to another
3. while driving while impaired
4. which proximately causes that serious injury.
PROPOSED OFFENSE CLASS
Class E felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
personal injury as Class E felonies.
G.S. 14-32(b), Assault with a deadly weapon inflicting serious injury, is a Class E felony.
This provision is identical to a provision in SB 687 which the Commission reviewed in April, 2003. The
Commission found that provision to be consistent with the Offense Classification Criteria.
FINDINGS
Bill is consistent with Offense Classification Criteria
Bill is inconsistent with Offense Classification Criteria
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 37
BILL NUMBER/SHORT TITLE: SB 61 - FELONY DEATH/SERIOUS INJURY BY VEHICLE (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CHANGE THE CLASS OF AN EXISTING OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 20-141.4(b). Felony death by vehicle.
DESCRIPTION
A person who:
1. unintentionally
2. causes the death of another
3. while driving while impaired
4. proximately causing that death.
OFFENSE CLASS
CURRENT: Class G felony.
PROPOSED: Class D felony.
ANALYSIS
The Offense Classification Criteria were not used in the classification of homicide offenses.
This provision is identical to a provision in SB 687 which the Commission reviewed in April, 2003. The
Commission found that the Offense Classification Criteria were not applicable.
FINDINGS
Bill is consistent with Offense Classification Criteria
Bill is inconsistent with Offense Classification Criteria
Offense Classification Criteria are not applicable.
The Offense Classification Criteria were not used in the classification of homicide offenses.
Note: Involuntary Manslaughter, G.S. 14-18, is a Class F felony. Voluntary Manslaughter, G.S. 14-18, is a
Class D felony.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony and Misdemeanor Simulation Data 38
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
SB 61: FELONY DEATH/SERIOUS INJURY BY VEHICLE
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
Felony Death by Vehicle
This bill reclassifies Felony Death by Vehicle from a Class G felony to a Class D felony (see attached impact
projection). There were 35 convictions for this offense in FY 2003/04.
Instead of being convicted of Felony Death by Vehicle, offenders proximately causing a death during
commission of a Driving While Impaired offense can be convicted of Involuntary Manslaughter (G.S. 14-18),
a Class F felony, under current law. There were 83 convictions for Involuntary Manslaughter in FY 2003/04.
The Sentencing Commission’s felony data does not contain information on how many of these convictions
involved offenders proximately causing a death during commission of a Driving While Impaired offense so
it is not possible to determine how many of these offenders would be convicted under Felony Death by
Vehicle if it were classified more seriously than Involuntary Manslaughter.
Felony Serious Injury by Vehicle
Since the proposed bill creates a new offense, the Sentencing Commission does not have any historical data
from which to estimate the impact of this bill on the prison population. It is not known how many offenders
might be sentenced for this offense. If, for example, there were two Class E convictions for this offense per
year, the combination of active sentences and probation revocations would result in the need for one
additional prison bed the first year and three additional prison beds the second year.
Offenders eligible for prosecution under the new offense currently may be convicted of Assault with a Deadly
Weapon Inflicting Serious Injury (G.S. 14-32(b), a Class E felony) or Assault Inflicting Serious Injury (G.S.
14-33(c)(1), a Class A1 misdemeanor). It is also possible that offenders eligible for prosecution under the
new offense could be convicted of Assault with a Deadly Weapon (G.S. 14-33(c)(1), a Class A1
misdemeanor) as a reduction in charge from Assault with a Deadly Weapon Inflicting Serious Injury. In FY
2003/04 there were 453 convictions for Assault with a Deadly Weapon Inflicting Serious Injury, 871
convictions for Assault Inflicting Serious Injury, and 1,397 convictions for Assault with a Deadly Weapon.
The Sentencing Commission’s felony and misdemeanor data do not contain information on how many of
these convictions involved injury proximately caused by a Driving While Impaired offense.
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony and Misdemeanor Simulation Data 39
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
SB 61: FELONY DEATH/SERIOUS INJURY BY VEHICLE
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED
UNDER STRUCTURED SENTENCING
Proposal Modeled: Reclassifies Felony Death by Vehicle from a Class G felony to a Class D felony.
FISCAL YEAR ESTIMATED ADDITIONAL
PRISON BEDS
2006/07 12
2007/08 41
2008/09 70
2009/10 102
2010/11 134
2011/12 155
2012/13 163
2013/14 169
2014/15 171
2015/16 175
NOTES:
1.Assumes effective for crimes committed on or after 12/1/2005. Fiscal Year 2006/07 represents the first
full year of impact due to the gap between the time a felony offense is committed and the offender is
sentenced.
2.The assumptions for active sentences and probation revocations assume the same percentages as found
in FY 2003/04 for Class D convictions. Assumes no changes in judicial or prosecutorial behavior regarding
convictions for this offense.
3.There will be some impact on Post-Release Supervision caseloads as a result of reclassifying this
offense from a Class G to a Class D.
4.Assumes no deterrent or incapacitative effects.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s offense Classification Criteria does
not imply either support or opposition to the bill itself. 40
BILL NUMBER/SHORT TITLE: SB 200 - FETAL MURDER
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-17. Murder in the first and second degree defined; punishment.
DESCRIPTION
A person who
1. engages in conduct that violates any of the provisions of subsection (a) (first and second degree murder)
2. with respect to the death of a pregnant woman, and
3. thereby causes the death of a child who is in utero at the time the conduct takes place.
PROPOSED OFFENSE CLASS
Class A for first degree murder, Class B2 for second degree murder.
ANALYSIS
The Sentencing Commission did not use the criteria in the classification of the homicide offenses.
Conduct relating to an abortion or any medical treatment is excluded.
This provision is identical to a provision in SB 1425 which the Commission reviewed in June, 2004. The
Commission found that the Offense Classification Criteria were not applicable.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
The Offense Classification Criteria were not used in the classification of homicide offenses.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony Simulation Data 41
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
SB 200: FETAL MURDER
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
Since the proposed bill creates a new offense, the Sentencing Commission does not have any historical data
from which to estimate the impact of this bill on the prison population. It is not known how many offenders
might be sentenced and convicted for the proposed offense.
First Degree Murder
In FY 2003/04 there were 101 convictions for First Degree Murder (Class A). Offenders convicted of First
Degree Murder may receive either a death sentence or life without parole. Of the 101 convictions for First
Degree Murder in FY 2003/04, 7 received a death sentence and 94 received life without parole.
Under the proposed bill, the separate offense for causing the death of a child who is in utero at the time the
conduct takes place would result in no additional impact on the prison system. The sentence for the proposed
separate offense would be served concurrent with or consecutive to the sentence for First Degree Murder of
the pregnant woman.
Second Degree Murder
In FY 2003/04 there were 181 convictions for Second Degree Murder (Class B2). Sentence lengths for Class
B2 felons range from 94 months (lowest sentence in Prior Record Level I) to 392 months (highest sentence
in Prior Record Level VI). In FY 2003/04, the average estimated time served for a Class B2 felon was 189
months.
Under the proposed bill, the separate offense for causing the death of a child who is in utero at the time the
conduct takes place would not result in any short-term impact (i.e., within the ten-year projection period).
The proposed bill would have long-term impact if the sentence for the proposed separate offense would be
served consecutive to the sentence for Second Degree Murder of the pregnant woman.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 42
BILL NUMBER/SHORT TITLE: SB 428 - NO LASERS POINTED AT PLANES
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-282.1. Unauthorized laser illumination of an aircraft.
DESCRIPTION
Any person who
1. intentionally and without legal authorization,
2. illuminates and aircraft with a laser
3. while the aircraft is taking off, landing, or in flight.
PROPOSED OFFENSE CLASS
Class H felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in significant
societal injury as Class H felonies.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony Simulation Data 43
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
SB 428: NO LASERS POINTED AT PLANES
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
Since the proposed bill creates a new offense, the Sentencing Commission does not have any historical data
from which to estimate the impact of this bill on the prison population. It is not known how many offenders
might be sentenced under the proposed bill. If, for example, there were three Class H convictions under this
proposed bill per year, the combination of active sentences and probation revocations would result in the
need for one additional prison bed the first year and two additional prison beds the second year.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 44
BILL NUMBER/SHORT TITLE: SB 472 - CHILD EXPLOITATION PREVENTION ACT
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-202.3. Solicitation of child by computer to commit an unlawful sex act.
DESCRIPTION
A person who is 16 years of age or older
1. knowingly, with the intent to commit an unlawful sex act,
2. entices, advises, coerces, orders, or commands,
3. by means of a computer,
4. a person the perpetrator believes to be a child who is less than 16 years of age and at least 3 years
younger than the defendant,
5. to meet with the defendant or any other person
6. for the purpose of committing an unlawful sex act.
PROPOSED OFFENSE CLASS
Class I felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in societal injury
as Class I felonies.
The current offense, which involves an actual child, is a Class I felony.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony Simulation Data 45
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
SB 472: CHILD EXPLOITATION PREVENTION ACT
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
The Administrative Office of the Courts (AOC) currently does not have a specific offense code for violations
of G.S. 14-202.3. The lack of an AOC offense code is some indication that this offense is infrequently
charged and/or infrequently results in convictions.
The proposed bill creates a new offense. The Sentencing Commission does not have any historical data from
which to estimate the impact of this proposed offense on the prison population. It is not known how many
offenders might be convicted and sentenced for this proposed offense. If, for example, there were ten Class
I convictions under this proposed bill per year, the combination of active sentences and probation
revocations would result in the need for one additional prison bed the first year and three additional prison
beds the second year.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 46
BILL NUMBER/SHORT TITLE: SB 477/HB 891 - MASTER KEYS/LOCK-PICKING DEVICES
REGULATED.
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-56A. Preparation to commit breaking or entering into motor vehicles.
DESCRIPTION
Subsection (b):
Any person who
1. with intent to commit any felony, larceny, or unauthorized use of a motor propelled conveyance,
2. is found to have in their possession, without lawful excuse,
3. Any motor vehicle master key or other motor vehicle lock picking device.
PROPOSED OFFENSE CLASS
Class I felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss as Class I felonies.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 47
BILL NUMBER/SHORT TITLE: SB 477/HB 891 - MASTER KEYS/LOCK-PICKING DEVICES
REGULATED.
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-56A. Preparation to commit breaking or entering into motor vehicles.
DESCRIPTION
Subsection (c):
Any person who
1. Buys, sells, or transfers
2. A motor vehicle master key, manipulative key or device, key-cutting device lock pick or lock-picking
device or hot wire, designed to open or capable of opening the door or trunk of any motor vehicle or
of starting the engine of a motor vehicle.
PROPOSED OFFENSE CLASS
Class I felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss or societal injury as Class I felonies.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Note: This section would be consistent with the Offense Classification Criteria if it included the element of
intending to commit a crime.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony Simulation Data 48
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
SB 477/HB 891: MASTER KEYS/LOCK-PICKING DEVICES REGULATED
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER STRUCTURED
SENTENCING
G.S. 14-56A(b)
Since the proposed section creates a new offense, the Sentencing Commission does not have any historical
data from which to estimate the impact of this bill on the prison population. It is not known how many
offenders might be sentenced under the proposed bill. If, for example, there were ten Class I convictions
for this proposed offense per year, the combination of active sentences and probation revocations would
result in the need for one additional prison bed the first year and three additional prison beds the second year.
In FY 2003/04, there were 586 convictions for Breaking or Entering a Motor Vehicle (Class I), 332
convictions for Felony Larceny of Motor Vehicle (Class H), 1,466 convictions for Unauthorized Use of a
Motor Vehicle (Class 1), and 20 convictions for Misdemeanor Larceny of Motor Vehicle (Class 1). It is not
known how many of these convictions involved the use of a motor vehicle master key or other motor vehicle
lock-picking device. If a large number of the misdemeanor convictions were to become Class I felony
convictions due to the use of a motor vehicle master key or other motor vehicle lock-picking device, the
impact on the prison system could be substantial.
G.S. 14-56A(c)
Since the proposed section creates a new offense, the Sentencing Commission does not have any historical
data from which to estimate the impact of this bill on the prison population. It is not known how many
offenders might be sentenced under the proposed bill. If, for example, there were ten Class I convictions
for this proposed offense per year, the combination of active sentences and probation revocations would
result in the need for one additional prison bed the first year and three additional prison beds the second year.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does
not imply either support or opposition to the bill itself. 49
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CHANGE THE PUNISHMENT RANGE FOR A CRIME/CLASS
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-3. Punishment of misdemeanors, infamous offenses, offenses committed in secrecy and malice, or with
deceit and intent to defraud, or with animosity based upon ethnicity, gender, age, sexual orientation, or
disability; punishment of felony committed with animosity based upon ethnicity, gender, age, sexual
orientation, or disability.
DESCRIPTION
Subsection (d):
Applies to any felony that is committed because of the victim’s real or perceived race, color, religion,
nationality, gender, sexual orientation, disability, age, or country of origin.
PUNISHMENT RANGE
CURRENT (if applicable): Punished according to the class of the felony committed and the offender’s
prior record level.
PROPOSED: Punished at the sentencing level (prior record level?) that is one level higher than that
authorized by the offender’s prior record.
ANALYSIS
The current misdemeanor enhancement (subsection (c)) raises Class 2 and 3 misdemeanors to Class 1, and
Class A1 and 1 misdemeanors to Class I. There is no felony provision.
This provision is identical to a provision in SB 736 which the Commission reviewed in April, 2003. The
Commission found that provision to be inconsistent with G.S. 164-41.
FINDINGS
Bill is consistent with G.S. 164-41.
Bill is inconsistent with G.S. 164-41.
Note: There is currently an aggravating factor that applies to offenses committed against a victim because
of the victim’s race, color, religion, nationality, or country of origin. This factor does not include gender,
sexual orientation, disability, or age (G.S. 15A-1340.16(d)(17))
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
BILL NUMBER/SHORT TITLE: SB 485 - HATE CRIMES/MATTHEW SHEPARD
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony and Misdemeanor Simulation Data 50
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
SB 485: HATE CRIMES/MATTHEW SHEPARD
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
The bill amends the current hate-crime statutes by expanding the protected victim groups to include gender,
sexual orientation, disability, and age, in addition to the current protected groups of race, color, religion,
nationality, and country of origin. The bill expands the definition of hate crimes to include those committed
because of a victim’s “real or perceived” membership in a protected group.
The SBI provides information about hate crimes in its annual report Crime in North Carolina. The SBI
bases its definition of hate crimes on the U.S. Hate Crime Statistics Act of 1990. Crimes committed with
animosity based on race, religion, sexual orientation, ethnicity, and disabilities are covered under this Act.
Crimes committed with animosity based on gender or age are not currently covered under this Act and, as
a result, are not included in the SBI’s statistics on hate crimes. In 2003, the SBI reported 77 hate crime
incidents. The bias motivation distribution was as follows: 51 for race, 12 for ethnicity, 4 for religion, 10
for sexual orientation, and 0 for disability. Based on this information, it is not known how many of these
hate crime incidents resulted in convictions.
Year Number of
Hate Crime Incidents
Number of Agencies Reporting
Hate Crime Incidents
1995 52 59
1996 34 83
1997 42 22
1998 40 17
1999 31 15
2000 39 15
2001 85 41
2002 62 29
2003 77 22
SOURCE: Crime in North Carolina - 2003
G.S. 14-3(c)
There is no data available to estimate how many misdemeanor convictions may be affected by the proposed
broadening of this statute. The Administrative Office of the Courts (AOC) does not have a specific offense
code for violations of N.C.G.S. 14-3.
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony and Misdemeanor Simulation Data 51
In FY 2003/04, 19% of Class 1 misdemeanor convictions resulted in active sentences. The average
estimated time served for Class 1 convictions was 31.2 days. Offenders serving active sentences of 90 days
or less are housed in county jails. Therefore, Class 2 or Class 3 convictions for this offense that would be
reclassified to Class 1 convictions under this proposed bill would not be expected to have a significant
impact on the prison population. The impact on local jail populations is not known.
There is no data available to estimate how many Class A1 and Class 1 misdemeanors would be moved to
Class I. If, for example, there were 10 convictions that moved from Class A1 or Class 1 misdemeanors to
Class I felony convictions under this proposed bill, the combination of active sentences and probation
revocations would result in the need for one additional prison bed the first year and three additional prison
beds the second year.
G.S. 14-3(d)
It is not possible to determine which offenders convicted of Class B1-I felonies (i.e., the number of
offenders, the offense class, or prior record level) to which this provision could apply. The number of
average additional months served by moving up one prior record level will vary greatly depending on the
original felony class and prior record level. Therefore, the impact of this provision cannot be determined,
but could be substantial.
G.S. 14-401.14
In FY 2003/04 there were 12 convictions for ethnic intimidation. It is not known how many additional
convictions would result by broadening the scope of the existing statue to add “real or perceived race, gender
or gender expression, sexual orientation, disability, and age” to the list of factors. In FY 2003/04, 19% of
Class 1 misdemeanor convictions resulted in active sentences. The average estimated time served for Class
1 convictions was 31.2 days. Offenders serving active sentences of 90 days or less are housed in county
jails. Therefore, broadening the scope of the existing statute would not be expected to have a significant
impact on the prison population. The impact on local jail populations is not known.
G.S. 15A-1340.16(d)(17)
The aggravated sentence range allows the judge to impose a sentence that is up to 25% longer than the
longest sentence in the presumptive sentence range. During FY 2003/04, 7% (or 655) of active sentences
imposed for felony convictions were in the aggravated sentencing range. However, the Administrative
Office of the Courts’ computerized Criminal Information System does not contain data on the application
of specific aggravating or mitigating factors. Therefore, it is not known how many sentences have been
aggravated based on this aggravating factor. It is also not known how many sentences might be aggravated
if this aggravating factor is broadened to include “real or perceived race, gender or gender expression, sexual
orientation, disability, and age.” Therefore, the impact of this provision cannot be determined.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 52
BILL NUMBER/SHORT TITLE: SB 532/HB 935 - CONSTRUCTION SITE THEFT/AGGRAVATE
PENALTY
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CHANGE THE CLASS OF AN EXISTING OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-72. Larceny of property; receiving stolen goods or possessing stolen goods.
DESCRIPTION
Subsection (b)(6):
If larceny is from a permitted construction site.
OFFENSE CLASS
CURRENT: If the goods are worth more than $1,000, it is a Class H felony, $1,000 or less, it is a Class 1
misdemeanor.
PROPOSED: If the goods are worth more than $300, it is a Class H felony, $300 or less, it is a Class 1
misdemeanor.
ANALYSIS
Larceny of goods from a permitted construction site currently comes under the general larceny statute in
subsection (a).
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Note: If the larceny were from a dwelling (other than pursuant to breaking and entering), the goods would
have to have a value of more than $1,000 in order to be a felony.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 53
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
SB 532/HB 935 - CONSTRUCTION SITE THEFT/AGGRAVATE PENALTY
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER STRUCTURED
SENTENCING
Analysis has not been requested yet.

NORTH CAROLINA
SENTENCING
AND
POLICY ADVISORY
COMMISSION
REPORT #1 ON PROPOSED LEGISLATION
PURSUANT TO G.S. 164-43
SUBMITTED TO THE 2005 SESSION OF THE
NORTH CAROLINA GENERAL ASSEMBLY
APRIL 2005
THE HONORABLE W. ERWIN SPAINHOUR SUSAN KATZENELSON
CHAIRMAN EXECUTIVE DIRECTOR
NC SENTENCING AND POLICY ADVISORY COMMISSION
MEMBERSHIP
Hon. W. Erwin Spainhour, Chairman
Superior Court Judge
Talmage Baggett
NC Association of County Commissioners
Locke T. Clifford
NC Bar Association
William A. Dudley
NC Dept. of Crime Control & Public Safety
Designee
Dr. Bertus R. Ferreira
Professor, East Carolina University
Melita Groomes
NC Post-Release Supervision & Parole
Commission Designee
Hon. R. Phillip Haire
State Representative
Donn Hargrove
NC Department of Juvenile Justice and
Delinquency Prevention
William P. Hart
NC Attorney General’s Designee
Mary Y. “Larry” Hines
Private Citizen, Governor’s Appointee
Hon. Carolyn K. Justus
State Representative
Hon. John Kerr
State Senator
Judge H. Paul McCoy, Jr.
NC District Court Judges’ Association
Judge Douglas J. McCullough
NC Court of Appeals Designee
Moe McKnight
NC Retail Merchants’ Association
Luther T. Moore
Lieutenant Governor’s Appointee
Hon. Ronald L. Moore
NC Conference of District Attorneys
Judge Fred G. Morrison, Jr.
Justice Fellowship
Sheriff Sam Page
NC Sheriffs’ Association
Chief Frank Palombo
NC Association of Chiefs of Police
Judge Ronald K. Payne
NC Conference of Superior Court Judges
Sandy C. Pearce
NC Department of Correction Designee
Cathy B. Purvis
NC Victim Assistance Network
June Ray
NC Association of Clerks of Superior Court
Lao E. Rubert
NC Community Sentencing Association
Billy J. Sanders
Commission Chairman’s Appointee
Hon. Scott Thomas
State Senator
Lyle J. Yurko
NC Academy of Trial Lawyers
Vacant
State Representative
Vacant
State Senator
NC SENTENCING AND POLICY ADVISORY COMMISSION
STAFF MEMBERS
=====================================================================
Susan Katzenelson
Executive Director
John Madler
Associate Director for Policy, Staff Attorney
Deborah Dawes Ginny Hevener
Senior Research & Policy Associate Senior Research & Policy Associate
Rebecca Ebron Karen Jones
Senior Research & Policy Associate Senior Research & Policy Associate
Tamara Flinchum Troy Page
Research & Policy Associate Research & Policy Associate
Deborah Andrews
Administrative Assistant
=========================================================================
NORTH CAROLINA SENTENCING AND POLICY ADVISORY
COMMISSION
REPORT ON PROPOSED LEGISLATION
PURSUANT TO G.S. 164-43
This report by the Sentencing Commission includes all bills introduced or amended through
March 15, 2005. The report is submitted in conformance with the following requirements
of G.S. 164-43:
(e) Upon adoption of a system for the classification of offenses formulated pursuant to G.S. 164-
41, the Commission or its successor shall review all proposed legislation which creates a new
criminal offense, changes the classification of an offense, or changes the range of punishment for
a particular classification, and shall make recommendations to the General Assembly.
(f) In the case of a new criminal offense, the Commission or its successor shall determine
whether the proposal places the offense in the correct classification, based upon the
considerations and principles set out in G.S. 164-41. If the proposal does not assign the offense
to a classification, it shall be the duty of the Commission or its successor to recommend the
proper classification placement.
(g) In the case of proposed changes in the classification of an offense or changes in the range of
punishment for a classification, the Commission or its successor shall determine whether such
a proposed change is consistent with the considerations and principles set out in G.S. 164-41, and
shall report its findings to the General Assembly.
(h) The Commission or its successor shall meet within 10 days after the last day for filing general
bills in the General Assembly for the purpose of reviewing bills as described in subsections (e),
(f) and (g). The Commission or its successor shall include in its report on a bill an analysis based
on an application of the correctional population simulation model to the provisions of the bill.
A one page summary is included for each bill (or each relevant section of a bill) which either
creates a new crime, changes the classification of an existing crime, or prescribes a new
range of punishments. The summary provides the bill number, the short title, and a brief
description. At the bottom of the summary is an analysis and a finding of whether the bill
appears consistent with the Commission’s classification criteria as specified in G.S. 164-41
(see following page for a description of the criteria). Following the summary is an analysis
of the projected impact of the bill (a more detailed impact analysis is provided to the Fiscal
Research Division). The impact estimates assume an effective date of December 1, 2005.
These summaries may not reflect the most recent bill amendments or committee substitutes.
The date on which each individual summary was prepared is shown on the bottom left hand
corner of each summary page. Changes made after this date are not reflected in this report.
The bills included in this report were reviewed by the North Carolina Sentencing and Policy
Advisory Commission on March 18, 2005.
The fact that the Commission found a bill to be either consistent or inconsistent with the
structured sentencing offense classification criteria does not imply either support for or
opposition to the bill. In this report, the Commission has taken no position on the merits of
any bill other than those specifically proposed by the Commission.
THE OFFENSE CLASSIFICATION CRITERIA
The Sentencing Commission was required by G.S. 164-41 to ".... classify criminal offenses
into felony and misdemeanor categories on the basis of their severity." The Commission
developed a classification criteria to guide the classification process and to ensure that there
was a systematic and rational basis for the classifications. The Commission decided that the
severity of an offense should be directly related to the harm to the victim that normally
results or tends to result from the criminal conduct.
The Commission defined three general types of harms: 1) harms to person (including both
physical and mental injury); 2) harms to property; and 3) harms to society (violations of
public order and welfare, violations of judicial or governmental operations, and/or violations
of public morality). Through considerable discussion and debate, the Commission grouped
these harms into a ten-level hierarchy which served as the basis for the Commission's
classifications (refer to the classification criteria on the following page). Once the
classification criteria was established, the Commission reviewed the individual elements of
all felonies in North Carolina and assigned each felony to a specific offense class based on
how closely the elements of the crime matched the classification criteria.
The purpose of establishing the classification criteria was to create a rational and consistent
philosophical basis for classifying offenses; to assure proportionality in severity; and to
provide a guidepost for classifying new crimes in the future.
Under the classification criteria, the most serious offense classes (A through F) primarily
involve personal injury, the risk of personal injury, serious societal injury or widespread
societal injury. The lower offense levels (G through I) primarily involve property loss or less
serious societal injury. The degree of harm is divided into three levels; injury to person,
property or society; significant injury to person, property or society; and serious injury to
person, property or society.
The Commission also assigned misdemeanor offenses to four classes: class A1, class 1, class
2 or class 3. The Commission did not create classification criteria for misdemeanors but
relied on the maximum sentences previously set by the General Assembly. Generally, crimes
which had previously been punishable by over six months were made class 1 misdemeanors,
those previously punishable by more than 30 days and up to six months were made class 2
misdemeanors, and those previously punishable by 30 days or less were made class 3
misdemeanors. Assaultive misdemeanors were made Class A1 misdemeanors.
FELONY OFFENSE CLASSIFICATION CRITERIA*
CLASS CRITERIA
A ! Reserved for First Degree Murder
[Reasonably tends to result or does result in]:
B ! Serious debilitating long-term personal injury
C ! Serious long-term personal injury
! Serious long-term or widespread societal injury
D ! Serious infringements on property interest which also implicate physical safety
concerns by use of a deadly weapon or an offense involving an occupied dwelling
E ! Serious personal injury
F ! Significant personal injury
! Serious societal injury
G ! Serious property loss:
Loss from the person or from the person's dwelling
H ! Serious property loss:
Loss from any structure designed to house or secure any activity or property
Loss occasioned by the taking or removing of property
Loss occasioned by breach of trust, formal or informal
! Personal injury
! Significant societal injury
I ! Serious property loss:
All other felonious property loss
! Societal injury
M ! All other misdemeanors
---------------------
* Personal injury includes both physical and mental injury.
Societal injury includes violations of public morality, judicial or government operations, and/or public order and welfare.
Note: The criteria were not used in the classification of the homicide offenses or drug offenses.
TABLE OF CONTENTS
Felony Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page
HB 3 Local Option Education Lottery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
HB 50 Street Gang Prevention Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
HB 217 Driving From/Leaving Scene of Accident . . . . . . . . . . . . . . . . . . . . . . . . . . 13
HB 238 Public Confidence In Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
HB 288 MV Move-Over Law Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
HB 423 Habitual Misd. Larceny/Felony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
HB 490 False Report/Destructive Device . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
HB 611 Rachel’s Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
HB 614 Child Solicitation by Computer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
HB 891 Master Keys/Lock-Picking Devices Regulated . . . . . . . . . . . . . . . . . . . . . . 46
HB 935 Construction Site Theft/Aggravate Penalty . . . . . . . . . . . . . . . . . . . . . . . . . 52
SB 61 Felony Death/Serious Injury by Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
SB 200 Fetal Murder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
SB 223 Public Confidence In Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
SB 428 No Lasers Pointed at Planes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
SB 472 Child Exploitation Prevention Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
SB 477 Master Keys/Lock-Picking Devices Regulated . . . . . . . . . . . . . . . . . . . . . . 46
SB 485 Hate Crimes/Matthew Shepard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
SB 486 Rachel’s Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
SB 532 Construction Site Theft/Aggravate Penalty . . . . . . . . . . . . . . . . . . . . . . . . . 52
SB 591 False Report/Destructive Device. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
SB 1142 MV Move-Over Law Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 1
BILL NUMBER/SHORT TITLE: HB 3 - LOCAL OPTION EDUCATION LOTTERY
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 143D-39. No financial interest in certain persons allowed and no bribes or gifts from certain persons
allowed.
DESCRIPTION
A Commissioner, the Director, or an employee of the State Lottery Commission who
1. has a financial interest in a lottery contractor, or
2. solicits, accepts, or agrees to accept anything from a lottery contractor, a lottery vendor, or a person who
could reasonably be expected to submit a bid to provide goods or services to the State Lottery
Commission.
PROPOSED OFFENSE CLASS
Class I felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in societal injury
as Class I felonies.
This provision is identical to a provision in HB 1351 which the Commission reviewed in June, 2004. The
Commission found that provision to be consistent with the Offense Classification Criteria.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 2
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
HB 3 - LOCAL OPTION EDUCATION LOTTERY
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER STRUCTURED
SENTENCING
Analysis has not been requested yet.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 3
BILL NUMBER/SHORT TITLE: HB 50 - STREET GANG PREVENTION ACT
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-50.18. Participation in criminal street gang activity prohibited.
DESCRIPTION
Subsection (a):
A person who
1. is employed by or associated with a criminal street gang (defined as any organization, association, or
group of three or more persons, whether formal or informal, which engages in a pattern of criminal gang
activity as defined by statute)
2. conducts or participates in the criminal street gang
3. through a pattern of criminal gang activity (defined as the commission, attempted commission,
conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit at least two
of the listed offenses, provided that at least one of these offenses occurred after December 1, 2005, and
the last of the offenses occurred within three years, excluding any periods of imprisonment, of prior
criminal gang activity).
PROPOSED OFFENSE CLASS
Class E felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
personal injury as Class E felonies.
This provision is identical to a provision in HB 732 which the Commission reviewed in April, 2003. The
Commission found that provision to be inconsistent with the Offense Classification Criteria.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
A Class E felony tends to result in serious personal injury. This offense does not always result in serious
personal injury. This offense would be consistent with a Class H felony. The Sentencing Commission
classified offenses which reasonably tend to or do result in significant societal injury as Class H felonies.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 4
BILL NUMBER/SHORT TITLE: HB 50 - STREET GANG PREVENTION ACT (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-50.18. Participation in criminal street gang activity prohibited.
DESCRIPTION
Subsection (b):
A person who
1. acquires or maintains, directly or indirectly,
2. through a pattern of criminal gang activity or proceeds derived therefrom
3. any interest in or control of any real or personal property of any nature, including money.
PROPOSED OFFENSE CLASS
Class E felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
personal injury as Class E felonies.
This provision is identical to a provision in HB 732 which the Commission reviewed in April, 2003. The
Commission found that provision to be inconsistent with the Offense Classification Criteria.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
A Class E felony tends to result in serious personal injury. This offense does not always result in serious
personal injury. This offense would be consistent with a Class H felony. The Sentencing Commission
classified offenses which reasonably tend to or do result in significant societal injury as Class H felonies.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission���s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 5
BILL NUMBER/SHORT TITLE: HB 50 - STREET GANG PREVENTION ACT (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CHANGE THE PUNISHMENT RANGE FOR A CRIME/CLASS
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-50.18. Participation in criminal street gang activity prohibited.
DESCRIPTION
Subsection (c):
Any person who
1. occupies a position of organizer, supervisory position, or any other position of management with regard
to a criminal street gang, and
2. engages in, directly or indirectly, or conspire to engage in
3. a pattern of criminal gang activity.
PUNISHMENT RANGE
CURRENT: Punished according to the class of the offense and the offender’s prior record or conviction
level.
PROPOSED: Punished by imprisonment for an additional 10 years which shall be served consecutively to
any other sentence imposed (a separate sentence).
ANALYSIS
It is not clear from the bill whether this section is intended to be a new offense or a sentence enhancement.
This provision is identical to a provision in HB 732 which the Commission reviewed in April, 2003. The
Commission found that provision to be inconsistent with G.S. 164-41.
FINDINGS
Bill is consistent with G.S. 164-41.
Bill is inconsistent with G.S. 164-41.
Note: There is currently an aggravating factor that applies to offenders who occupy a position of leadership
(G.S. 15A-1340.16(d)(1)).
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 6
BILL NUMBER/SHORT TITLE: HB 50 - STREET GANG PREVENTION ACT (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-50.18. Participation in criminal street gang activity prohibited.
DESCRIPTION
Subsection (d):
A person who
1. causes, encourages, solicits, or coerces
2. another
3. to participate in a criminal street gang.
PROPOSED OFFENSE CLASS
Class G felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss from the person or the person’s dwelling as Class G felonies.
This provision is identical to a provision in HB 732 which the Commission reviewed in April, 2003. The
Commission found that provision to be inconsistent with the Offense Classification Criteria.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
A Class G felony tends to result in serious property loss from the person or the person’s dwelling. This
offense does not result in serious property loss from the person or the person��s dwelling. The “causes,
encourages, solicits” portion of this offense would be consistent with a Class I felony. The Sentencing
Commission classified offenses which reasonably tend to or do result in societal injury as Class I felonies.
The “coerces” portion of this offense would be consistent with a Class H felony. The Sentencing
Commission classified offenses which reasonably tend to or do result in significant societal injury as Class
H felonies.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 7
BILL NUMBER/SHORT TITLE: HB 50 - STREET GANG PREVENTION ACT (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-50.18. Participation in criminal street gang activity prohibited.
DESCRIPTION
Subsection (e):
A person who
1. communicates, directly or indirectly,
2. with another
3. a threat of injury or damage to the person or property of the other person or to any associate or relative
of the other person
4. with the intent to deter the person from assisting a member or associate of a criminal street gang to
withdraw from such gang.
PROPOSED OFFENSE CLASS
Class G felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss from the person or the person’s dwelling as Class G felonies.
This provision is identical to a provision in HB 732 which the Commission reviewed in April, 2003. The
Commission found that provision to be inconsistent with the Offense Classification Criteria.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 8
BILL NUMBER/SHORT TITLE: HB 50 - STREET GANG PREVENTION ACT (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-50.18. Participation in criminal street gang activity prohibited.
DESCRIPTION
Subsection (f):
A person who
1. communicates, directly or indirectly,
2. with another
3. a threat of injury or damage to the person or property of the other person or to any associate or relative
of the other person
4. With the intent to punish or retaliate against the person for having withdrawn from a criminal street
gang.
PROPOSED OFFENSE CLASS
Class G felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss from the person or the person’s dwelling as Class G felonies.
This provision is identical to a provision in HB 732 which the Commission reviewed in April, 2003. The
Commission found that provision to be inconsistent with the Offense Classification Criteria.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 9
BILL NUMBER/SHORT TITLE: HB 50 - STREET GANG PREVENTION ACT (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CHANGE THE PUNISHMENT RANGE FOR A CRIME/CLASS
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-50.19. Enhanced offense for criminal gang activity.
DESCRIPTION
A person who
1. is convicted of an offense and
2. that offense is committed for the benefit of, at the direction of, or in association with, any criminal street
gang.
PUNISHMENT RANGE
CURRENT (if applicable): Punished according to the class of the offense and the offender’s prior record
or conviction level.
PROPOSED: Punished one class higher than the class of the offense committed.
ANALYSIS
FINDINGS
Bill is consistent with G.S. 164-41.
Bill is inconsistent with G.S. 164-41.
Note: There is currently an aggravating factor that applies to offenses committed for the benefit of, or at the
direction of, any criminal street gang (G.S. 15A-1340.16(d)(2a)).
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 10
BILL NUMBER/SHORT TITLE: HB 50 - STREET GANG PREVENTION ACT (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-34.9. Discharging a firearm from within an enclosure.
DESCRIPTION
A person who
1. willfully and wantonly
2. discharges or attempts to discharge
3. a firearm
4. from within any building, structure, motor vehicle, aircraft, watercraft, or other enclosure
5. toward a person or persons not within that enclosure.
PROPOSED OFFENSE CLASS
Class E felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
personal injury as Class E felonies.
G.S. 14-34.1, Discharging a firearm into occupied property, is a Class E felony.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 11
BILL NUMBER/SHORT TITLE: HB 50 - STREET GANG PREVENTION ACT (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CHANGE THE PUNISHMENT RANGE FOR A CRIME/CLASS
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 15A-1340.16B. Enhanced sentence if defendant is convicted of a Class A, B1, B2, C, D, or E felony that
was committed for the benefit of, at the direction of, or in association with, any criminal street gang, and the
defendant possessed, displayed, or discharged a firearm during the commission of the felony.
DESCRIPTION
Notwithstanding G.S. 15A-1340.16A (the current firearm enhancement):
A person who
1. is convicted of a Class A, B1, B2, C, D, or E felony and
2. committed that felony for the benefit of, at the direction of, or in association with any criminal street
gang, and
3. possessed, displayed, or discharged a firearm during the commission of the felony.
PUNISHMENT RANGE
CURRENT (if applicable): If any person is convicted of a Class A through E felony and they used,
displayed, or threatened to use or display a firearm, their minimum sentence may be increased by 60 months.
The enhancement does not apply if the evidence of the use, display, or threat to use or display the firearm
is needed to prove an element of the felony or if the person is not sentenced to an active sentence.
PROPOSED: For possession, an additional minimum term of 60 months; for displaying, an additional
minimum term of 84 months; for discharging, an additional minimum term of 120 months. This sentence
must be active and consecutive to any other sentence being served. The enhancement applies regardless of
whether the evidence is also necessary to prove an element of the felony or the person received an
intermediate punishment.
ANALYSIS
Only applies to persons associated with a criminal street gang and it includes discharging a firearm.
FINDINGS
Bill is consistent with G.S. 164-41.
Bill is inconsistent with G.S. 164-41.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 12
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
HB 50 - STREET GANG PREVENTION ACT
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER STRUCTURED
SENTENCING
Analysis has not been completed yet.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 13
BILL NUMBER/SHORT TITLE: HB 217 [v.2] - DRIVING FROM/LEAVING SCENE OF ACCIDENT
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 20-166. Duty to stop in event of accident or collision; furnishing information or assistance to injured
person, etc.; persons assisting exempt from civil liability.
DESCRIPTION
Amends subsection (a): If a driver knows or reasonably should know that the vehicle he is operating is
involved in an accident or collision and the accident or collision has resulted in injury or death to any person,
he shall immediately stop at the scene.
1. The driver and the passengers shall remain with the vehicle at the scene of the accident until a law-enforcement
officer completes the investigation or authorizes the driver and passengers to leave and the
vehicle to be removed.
2. Prior to completion of the investigation or authorization to leave:
a. the driver may not facilitate, allow, or agree to the removal of the vehicle from the scene, and
b. the passenger may not remove or facilitate the removal of the vehicle from the scene.
3. The driver and the passengers may leave the scene to call a law-enforcement officer or for medical
assistance or treatment, but must return with the vehicle to the scene within a reasonable period of time.
PROPOSED OFFENSE CLASS
Class H felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in personal
injury as Class H felonies.
The current offense is a Class H felony. This bill makes similar changes to subsection (c), which is a Class
1 misdemeanor.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony and Misdemeanor
Simulation Data 14
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
HB 217 [v.2]: DRIVING FROM/LEAVING SCENE OF ACCIDENT
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
G.S. 20-166(a)
G.S. 20-166(a) currently prohibits drivers from leaving the scene of an accident involving
personal injury. The proposed amendment adds passengers as potential defendants. In FY
2003/04, there were 44 convictions under G.S. 20-166(a), which is a Class H felony. It is
not known how many additional offenders might be sentenced as a result of amending this
statute to include passengers as potential defendants. If, for example, there were 3 additional
Class H felony convictions per year, the combination of active sentences and probation
revocations would result in the need for one additional prison bed the first year and two
additional prison beds the second year.
In addition, the proposed bill creates a new Class H offense for facilitating the removal of
the vehicle from the scene by drivers or passengers. The Sentencing Commission does not
have any historical data from which to estimate the impact of this proposed offense on the
prison population. It is not known how many offenders might be sentenced for this new
offense. If, for example, there were 3 additional Class H felony convictions per year, the
combination of active sentences and probation revocations would result in the need for one
additional prison bed the first year and two additional prison beds the second year.
G.S. 20-166(c)
G.S. 20-166(c) currently prohibits drivers from leaving the scene of an accident involving
property damage. The proposed amendment adds passengers as potential defendants. In FY
2003/04, there were 791 convictions under G.S. 20-166(c), which is a Class 1 misdemeanor.
It is also possible that this conduct has been convicted under G.S. 20-166(c1). In FY
2003/04, there were 288 convictions under G.S. 20-166(c1), which is also a Class 1
misdemeanor. It is not known how many additional offenders might be sentenced as a result
of amending this statute to include passengers as potential defendants. In FY 2003/04, 19%
of Class 1 misdemeanor convictions resulted in active sentences. The average estimated time
served for Class 1 convictions was 31.2 days. Offenders serving active sentences of 90 days
or less are housed in county jails. Therefore, additional Class 1 misdemeanor convictions
would not be expected to have a significant impact on the prison population. The impact on
local jail populations is not known. If there is a large number of additional convictions, the
impact on local jail populations could be substantial.
In addition, the proposed bill creates a new Class 1 misdemeanor offense for facilitating the
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony and Misdemeanor
Simulation Data 15
removal of the vehicle from the scene by drivers or passengers. The Sentencing Commission
does not have any historical data from which to estimate the impact of this proposed offense
on the prison population. It is not known how many offenders might be sentenced for this
offense. In FY 2003/04, 19% of Class 1 misdemeanor convictions resulted in active
sentences. The average estimated time served for Class 1 convictions was 31.2 days.
Offenders serving active sentences of 90 days or less are housed in county jails. Therefore,
additional Class 1 misdemeanor convictions would not be expected to have a significant
impact on the prison population. The impact on local jail populations is not known.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does
not imply either support or opposition to the bill itself. 16
BILL NUMBER/SHORT TITLE: HB 238/SB 223 - PUBLIC CONFIDENCE IN ELECTIONS
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 163-165.9A. Voting systems: requirements for voting systems vendors; penalties.
DESCRIPTION
Subsection (a):
Every vendor that has a contract to provide a voting system in North Carolina shall do all of the following:
(1) Place a copy of all source code in escrow.
(2) Notify the State Board of Elections of any change in source code or any change in the foundation
operating system.
(3) Make accessible for review all relevant source code.
(4) The CEO of the vendor shall sign a sworn affidavit that the source code in escrow is the same being
used in its voting systems in this State.
(5) Notify the State Board of Elections and the county board of elections of any county using its voting
system of any defect in the same system known to have occurred anywhere.
(6) Maintain an office in North Carolina with staff to service the contract.
Subsection (b):
A vendor who
1. willfully and fraudulently
2. violates any of the duties in subsection (a).
PROPOSED OFFENSE CLASS
Class I felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in societal injury
as Class I felonies.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does
not imply either support or opposition to the bill itself. 17
BILL NUMBER/SHORT TITLE: HB 238/SB 223 - PUBLIC CONFIDENCE IN ELECTIONS (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 163-165.9A. Voting systems: requirements for voting systems vendors; penalties.
DESCRIPTION
Subsection (b):
A vendor who
1. substitutes source code
2. into an operating voting system
3. without notification as provided by subdivision (a)(2) of this section.
PROPOSED OFFENSE CLASS
Class I felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in societal injury
as Class I felonies.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Note: This section would also be consistent with the Offense Classification Criteria for a Class H felony.
The Sentencing Commission classified offenses which reasonably tend to result or do result in significant
societal injury as Class H felonies.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does
not imply either support or opposition to the bill itself. 18
BILL NUMBER/SHORT TITLE: HB 238/SB 223 - PUBLIC CONFIDENCE IN ELECTIONS (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 163-165.7. Voting systems: powers and duties of State Board of Elections.
DESCRIPTION
Subsection (c):
Any person who is responsible for the misuse or unauthorized release of the source code held in escrow.
PROPOSED OFFENSE CLASS
Subject to the provisions of G.S. 14-75.1, Larceny of secret technical processes, a Class H felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss occasioned by the taking or removing of property or the breach of trust, formal or informal,
as Class H felonies.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony Simulation Data 19
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
HB 238/SB 223: PUBLIC CONFIDENCE IN ELECTIONS
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
G.S. 163-165.9A
Since the proposed section creates new offenses, the Sentencing Commission does not have any historical
data from which to estimate the impact of this bill on the prison population. It is not known how many
offenders might be sentenced under the proposed bill. The offenses contained in certain subsections may
be committed by either a corporate entity or an individual; however, any potential prison impact is based
on the conviction of individuals. If, for example, there were ten Class I convictions under this proposed
section per year, the combination of active sentences and probation revocations would result in the need for
one additional prison bed the first year and three additional prison beds the second year.
G.S. 163-165.7
There were no convictions under G.S. 14-75.1 in FY 2003/04. It is not known how many additional
offenders might be sentenced as a result of the broadening of G.S. 14-75.1 to provide trade secret protection
to voting system source code. If, for example, there were three additional Class H convictions per year, the
combination of active sentences and probation revocations would result in the need for one additional prison
bed the first year and two additional prison beds the second year.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 20
BILL NUMBER/SHORT TITLE: HB 288/SB 1142 - MV MOVE-OVER LAW CHANGES
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 20-157. Approach of police, fire department or rescue squad vehicles or ambulances; driving over fire hose
or blocking fire-fighting equipment; parking, etc., near police, fire department, or rescue squad vehicle or
ambulance.
DESCRIPTION
A driver of any vehicle who
(b) follows closer than one block any fire apparatus traveling in response to a fire alarm or drives into or park within one block
of where a fire apparatus has stopped to answer an alarm.
(c) (Outside the corporate limits of any city or town) follows any fire apparatus traveling in response to a fire alarm closer than
400 feet or drives into or park such vehicle within a space of 400 feet from where fire apparatus has stopped in answer to
a fire alarm.
(d) drives a motor vehicle over a fire hose or any other equipment that is being used at a fire at any time, or blocks a fire-fighting
apparatus or any other equipment from its source of supply regardless of its distance from the fire.
(e) other than one on official business, parks and leaves standing such vehicle within 100 feet of police or fire department
vehicles, public or private ambulances, or rescue squad emergency vehicles which are engaged in the investigation of an
accident or engaged in rendering assistance to victims of such accident.
(f) passes an emergency vehicle that is stopped or standing within 12 feet of the roadway must move to the lane farthest away
or slow down.
(h) a person violates subsections (b) through (f) and causes damage to property in the immediate area of
the stationary authorized emergency vehicle.
PROPOSED OFFENSE CLASS
Class I felony punishable by a fine of not more than $500 or imprisonment, or both. (Subsections (b)
through (f) are currently infractions. The bill raises them to Class 1 misdemeanors.)
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss as Class I felonies.
Sentence indicates fine or imprisonment or both. Imprisonment is not authorized for all prior record levels
in Class I under structured sentencing.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Note: The proposed punishment is inconsistent with structured sentencing. Imprisonment is not authorized
for all prior record levels in Class I under structured sentencing (subsection (g) contains the same
inconsistency for Class 1 misdemeanor offenses).
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 21
BILL NUMBER/SHORT TITLE: HB 288/SB 1142 - MV MOVE-OVER LAW CHANGES (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 20-157. Approach of police, fire department or rescue squad vehicles or ambulances; driving over fire hose
or blocking fire-fighting equipment; parking, etc., near police, fire department, or rescue squad vehicle or
ambulance.
DESCRIPTION
(i) a person violates subsections (b) through (f) of this section and causes injury to a police officer, a
firefighter, an emergency vehicle removal operator, an Incident Management Assistance Patrol member,
or any other emergency response person in the immediate area of the stationary authorized emergency
vehicle.
PROPOSED OFFENSE CLASS
Class H felony punishable by a fine of not more than $5000 or imprisonment, or both. (Subsections (b)
through (f) are currently infractions. The bill raises them to Class 1 misdemeanors.)
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in personal
injury as Class H felonies.
Sentence indicates fine or imprisonment or both.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 22
BILL NUMBER/SHORT TITLE: HB 288/SB 1142 - MV MOVE-OVER LAW CHANGES (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 20-157. Approach of police, fire department or rescue squad vehicles or ambulances; driving over fire hose
or blocking fire-fighting equipment; parking, etc., near police, fire department, or rescue squad vehicle or
ambulance.
DESCRIPTION
(j) a person violates subsections (b) through (f) of this section and causes or is the proximate cause of the
death of a police officer, a firefighter, an emergency vehicle removal operator, an Incident Management
Assistance Patrol member, or any other emergency response person in the immediate area of the
stationary authorized emergency vehicle.
PROPOSED OFFENSE CLASS
Class F felony punishable by a fine of not more than $10000 or imprisonment, or both. (Subsections (b)
through (f) are currently infractions. The bill raises them to Class 1 misdemeanors.)
ANALYSIS
The Sentencing Commission did not use the criteria in classifying the homicide offenses.
G.S. 14-18, Involuntary manslaughter, is a Class F felony.
Sentence indicates fine or imprisonment or both.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
The Offense Classification Criteria were not used in the classification of homicide offenses.
Note: Involuntary manslaughter, G.S. 14-18, is a Class F felony.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony and Misdemeanor Simulation Data 23
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
HB 288/SB 1142: MOVE-OVER LAW CHANGES
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
G.S. 20-157(b)-(f)
This bill reclassifies infractions in these subsections to Class 1 misdemeanors. The North Carolina
Sentencing and Policy Advisory Commission does not maintain data on infractions. In FY 2003/04, 19%
of Class 1 misdemeanor convictions resulted in active sentences. The average estimated time served for
Class 1 convictions was 31.2 days. Offenders serving active sentences of 90 days or less are housed in
county jails. Therefore, the reclassification of infractions to offenses punishable as Class 1 misdemeanors
under this proposed bill would not be expected to have a significant impact on the prison population. The
impact on local jail populations is not known. It is not known how many additional convictions may result
from the proposed expansion of subsection (f) to include “any public service vehicle.”
G.S. 20-157(h)
Since the proposed bill creates a new offense, the Sentencing Commission does not have any historical data
from which to estimate the impact of this bill on the prison population. It is not known how many offenders
might be sentenced for this offense. If, for example, there were ten Class I convictions under this proposed
bill per year, the combination of active sentences and probation revocations would result in the need for one
additional prison bed the first year and three additional prison beds the second year.
G.S. 20-157(I)
Since the proposed bill creates a new offense, the Sentencing Commission does not have any historical data
from which to estimate the impact of this bill on the prison population. It is not known how many offenders
might be sentenced for this offense. If, for example, there were 3 additional convictions for the Class H
felony offense per year, the combination of active sentences and probation revocations would result in the
need for one additional prison bed the first year and two additional prison beds the second year.
G.S. 20-157(j)
Since the proposed bill creates a new offense, the Sentencing Commission does not have any historical data
from which to estimate the impact of this bill on the prison population. It is not known how many offenders
might be sentenced for this offense. If, for example, there were two Class F convictions under this proposed
bill per year, the combination of active sentences and probation revocations would result in the need for one
additional prison bed the first year and three additional prison beds the second year.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does
not imply either support or opposition to the bill itself. 24
BILL NUMBER/SHORT TITLE: HB 423 - HABITUAL MISD. LARCENY/FELONY
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-86.2. Habitual misdemeanor larceny.
DESCRIPTION
A person who
1. is 18 years of age or older
2. commits misdemeanor larceny under G.S. 14-72(a)
3. and has been convicted of five or more prior misdemeanor larceny convictions.
PROPOSED OFFENSE CLASS
Class H felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss occasioned by the taking or removing of property as Class H felonies.
The proposed statute limits prior convictions used to establish the offense to one per session of district court
or week of superior court. The proposed statute excludes convictions for this offense from being used for
habitual felon purposes.
This provision is identical to HB 108 which the Commission reviewed in March, 2003. The Commission
found that provision to be consistent with the Offense Classification Criteria.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
While the AOC database contains information on the number of prior record/c 1 onviction points, it does not contain
information about the specific offenses that are used to calculate the number of prior record/conviction points.
2 Prior Conviction Level III requires five or more prior convictions. Under current law only one offense in a single session
of District Court or a week of Superior Court may be counted when determining prior conviction level.
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony and Misdemeanor Simulation Data 25
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
HB 423: HABITUAL MISD. LARCENY/FELONY
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
The Sentencing Commission does not have any data to indicate what proportion of offenders would be
convicted as Class H offenders under N.C.G.S. 14-86.2.1 Therefore, it is not known how many offenders
might be sentenced under this bill.
During FY 2003/04, there were 14,487 misdemeanor convictions under N.C.G.S. 14-72(a), which includes
convictions for misdemeanor larceny (14,393), misdemeanor larceny of motor vehicle (20), and aid and abet
misdemeanor larceny (74). Of these convictions, 992 were for offenders 16-17 years of age at sentencing,
13,189 were for offenders 18 years of age or older at sentencing, and the remainder had missing values for
age. Of those identified as 18 years of age or older at sentencing, 2,810 fell in Prior Conviction Level III.2
Thus, if a large number of offenders would be convicted as Class H offenders instead of Class 1 offenders,
the impact could be substantial.
If, for example, there were three convictions that moved from a Class 1 misdemeanor to a Class H
felony, the combination of active sentences and probation revocations would result in the need for one
prison bed the first year and two prison beds the second year.
If it is assumed that 141 convictions (or about five percent of the 2,810 convictions for offenders 18
years of age or older who were sentenced in Prior Conviction Level III) had five or more prior
convictions for misdemeanor larceny offenses and would be convicted as Class H felons under the
proposed statute, the combination of active sentences and probation revocations would result in the need
for 42 prison beds the first year and 85 prison beds the second year.
If it is assumed that 281 convictions (or ten percent of the 2,810 convictions for offenders 18 years of
age or older who were sentenced in Prior Conviction Level III) had five or more prior convictions for
misdemeanor larceny offenses and would be convicted as Class H felons under the proposed statute,
the combination of active sentences and probation revocations would result in the need for 83 prison
beds the first year and 169 prison beds the second year.
If it is assumed that 1,405 convictions (or one-half of the 2,810 convictions for offenders 18 years of
age or older who were sentenced in Prior Conviction Level III) had five or more prior convictions for
misdemeanor larceny offenses and would be convicted as Class H felons under the proposed statute,
the combination of active sentences and probation revocations would result in the need for 413 prison
beds the first year and 841 prison beds the second year.
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony and Misdemeanor Simulation Data 26
If it is assumed that all 2,810 convictions for offenders 18 years of age or older who were sentenced in
Prior Conviction Level III had five or more prior convictions for misdemeanor larceny offenses and
would be convicted as Class H felons under the proposed statute, the combination of active sentences
and probation revocations would result in the need for 825 prison beds the first year and 1,683 prison
beds the second year.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 27
BILL NUMBER/SHORT TITLE: HB 490/SB 591 - FALSE REPORT/DESTRUCTIVE DEVICE
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-69.1. Making a false report concerning a destructive device.
DESCRIPTION
Subsection (a):
A person who
1. by any means of communication to any person or group of persons, makes a report,
2. knowing or having reason to know the report is false,
3. that there is located in or in sufficient proximity to cause damage to any building, house or other
structure whatsoever or any vehicle, aircraft, vessel or boat
4. any device designed to destroy or damage the building, house or structure or vehicle, aircraft, vessel or
boat by explosion, blasting or burning.
PROPOSED OFFENSE CLASS
Class H felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in significant
societal injury as Class H felonies.
The current offense is a Class H felony.
G.S. 14-69.2, Perpetrating hoax by use of false bomb or other device, is a Class H felony, a Class G felony
if it is the second conviction within five years of the first conviction.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 28
BILL NUMBER/SHORT TITLE: HB 490/SB 591 - FALSE REPORT/DESTRUCTIVE DEVICE (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-69.1. Making a false report concerning a destructive device.
DESCRIPTION
Subsection (b):
A person who
1. by any means of communication to any person or group of persons, makes a report,
2. knowing or having reason to know the report is false,
3. that there is located in or in sufficient proximity to cause damage to any public building
4. any device designed to destroy or damage the public building.
PROPOSED OFFENSE CLASS
Class H felony, Class G felony if it is the second conviction within five years of the first conviction.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in significant
societal injury as Class H felonies.
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss from the person or from the person’s dwelling as Class G felonies.
The current offense is a Class H felony, Class G felony if it is the second conviction within five years of the
first conviction.
G.S. 14-69.2, Perpetrating hoax by use of false bomb or other device, is a Class H felony, a Class G felony
if it is the second conviction within five years of the first conviction.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony Simulation Data 29
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
HB 490/SB 591: FALSE REPORT/DESTRUCTIVE DEVICE
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
G.S. 14-69.1(a)
There were 7 Class H convictions under G.S. 14-69.1(a) during FY 2003/04. It is not known how many
additional convictions may result from the proposed broadening of the current statute. If, for example, there
were three additional Class H convictions per year, the combination of active sentences and probation
revocations would result in the need for one additional prison bed the first year and two additional prison
beds the second year.
G.S. 14-69.1(c)
There were 12 Class H convictions and no Class G convictions under G.S. 14-69.1(c) during FY 2003/04.
It is not known how many additional convictions may result from the proposed broadening of the current
statute. If, for example, there were three additional Class H convictions per year, the combination of active
sentences and probation revocations would result in the need for one additional prison bed the first year and
two additional prison beds the second year. If, for example, there were two additional Class G convictions
per year, the combination of active sentences and probation revocations would result in the need for one
additional prison bed the first year and two additional prison beds the second year.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 30
BILL NUMBER/SHORT TITLE: HB 611/SB 486 - RACHEL’S LAW
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-34.1. Discharging certain barreled weapons or a firearm into occupied property.
DESCRIPTION
Current offense (subsection (a)):
Any person who
1. willfully or wantonly discharges or attempts to discharge:
(a) Any barreled weapon capable of discharging shot, bullets, pellets, or other missiles at a muzzle
velocity of at least 600 feet per second; or
(b) A firearm
2. into any building, structure, vehicle, aircraft, watercraft, or other conveyance, device, equipment,
erection, or enclosure
3. while it is occupied.
New element:
A person who violates subsection (a) of this section by discharging a weapon described in subsection (a) of
this section
1. into a dwelling or
2. any vehicle, aircraft, watercraft, or other conveyance that is traveling upon the public streets or
highways of this State or in a public vehicular area, or is traveling upon any waterway or in any airspace
within this State.
PROPOSED OFFENSE CLASS
Class C felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious long-term
or widespread societal injury as Class C felonies.
The current offense is a Class E felony.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 31
BILL NUMBER/SHORT TITLE: HB 611/SB 486 - RACHEL’S LAW (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-34.1. Discharging certain barreled weapons or a firearm into occupied property.
DESCRIPTION
New element:
A person who violates subsection (a) of this section by discharging a weapon described in subsection (a) of
this section
1. into a dwelling or
2. any vehicle, aircraft, watercraft, or other conveyance that is traveling upon the public streets or
highways of this State or in a public vehicular area, or is traveling upon any waterway or in any airspace
within this State, and
3. the violation results in serious injury to any person.
PROPOSED OFFENSE CLASS
Class B2 felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
debilitating long-term personal injury as Class B felonies.
The current offense is a Class E felony.
G.S. 14-17, Second degree murder, is the only Class B2 felony.
G.S. 14-33(c)(1), Assault inflicting serious injury or using a deadly weapon, is a Class A1 misdemeanor.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony Simulation Data
32
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
HB 611/SB 486 - RACHEL’S LAW
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
G.S. 14-34.1(c)
In FY 2003/04, there were 89 convictions under G.S. 14-34.1 (discharging certain barreled weapons or a
firearm into occupied property), which is a Class E felony. It is not known how many of the convictions
under G.S. 14-34.1 involved a dwelling or a traveling vehicle and would, therefore, become Class C
convictions under the proposed bill.
Under Structured Sentencing, with the exception of extraordinary mitigation, all Class C offenders are
required to receive an active sentence. In FY 2003/04 the average estimated time served for an offender
convicted of a Class C offense was 95 months. Class C felonies have a long-term effect on the prison
population due to the long sentences imposed, which result in a Astacking@ effect. If, for example, there were
one conviction for this offense per year, this bill would result in the need for one additional prison bed the
first year and two additional prison beds the second year. Due to the mandatory active sentences and long
sentence lengths, additional convictions would continue to stack up over the 10-year projection period.
G.S. 14-34.1(d)
In FY 2003/04, there were 453 convictions under G.S. 14-32(b) (assault with a deadly weapon inflicting
serious injury), which is a Class E felony. It is not known how many of these convictions would meet the
elements of G.S. 14-34.1(c) and would become Class B2 convictions under the proposed bill. It is also not
known how many of the 89 convictions under G.S. 14-34.1 involved a dwelling or traveling vehicle and
resulted in serious injury. Therefore, it is not known how many of these convictions would become Class
B2 convictions under the proposed bill.
Under Structured Sentencing, with the exception of extraordinary mitigation, all Class B2 offenders are
required to receive an active sentence. In FY 2003/04 the average estimated time served for an offender
convicted of a Class B2 offense was 189 months. Class B2 felonies have a long-term effect on the prison
population due to the long sentences imposed, which result in a Astacking@ effect. If, for example, there were
one conviction for this offense per year, this bill would result in the need for one additional prison bed the
first year and two additional prison beds the second year. Due to the mandatory active sentences and long
sentence lengths, additional convictions would continue to stack up over the 10-year projection period.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 33
BILL NUMBER/SHORT TITLE: HB 614 - CHILD SOLICITATION BY COMPUTER
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CHANGE THE CLASS OF AN EXISTING OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-202.3. Solicitation of child by computer to commit an unlawful sex act.
DESCRIPTION
A person who is 16 years of age or older
1. knowingly, with the intent to commit an unlawful sex act,
2. entices, advises, coerces, orders, or commands,
3. by means of a computer,
4. a child who is less than 16 years of age and at least 3 years younger than the defendant,
5. to meet with the defendant or any other person
6. for the purpose of committing an unlawful sex act.
OFFENSE CLASS
CURRENT: Class I felony.
PROPOSED: Class E felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in societal injury
as Class I felonies.
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
personal injury as Class E felonies.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 34
BILL NUMBER/SHORT TITLE: HB 614 - CHILD SOLICITATION BY COMPUTER (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-202.3. Solicitation of child by computer to commit an unlawful sex act.
DESCRIPTION
A person who is 16 years of age or older
1. knowingly, with the intent to commit an unlawful sex act,
2. entices, advises, coerces, orders, or commands,
3. by means of a computer,
4. someone whom the person believes to be under the age of 16
5. to meet with the defendant or any other person
6. for the purpose of committing an unlawful sex act.
PROPOSED OFFENSE CLASS
Class E felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
personal injury as Class E felonies.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony Simulation Data 35
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
HB 614: CHILD SOLICITATION BY COMPUTER
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
The Administrative Office of the Courts (AOC) currently does not have a specific offense code for violations
of G.S. 14-202.3. The lack of an AOC offense code is some indication that this offense is infrequently
charged and/or infrequently results in convictions. If there were 10 Class I convictions under the current
statute that were reclassified to Class E (as proposed), this would result in the need for four additional prison
beds the first year and 10 additional prison beds the second year.
The proposed bill also creates a new offense. The Sentencing Commission does not have any historical data
from which to estimate the impact of this proposed offense on the prison population. It is not known how
many offenders might be convicted and sentenced for this proposed offense. If, for example, there were two
Class E convictions for this proposed offense per year, the combination of active sentences and probation
revocations would result in the need for one additional prison bed the first year and three additional prison
beds the second year.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does
not imply either support or opposition to the bill itself. 36
BILL NUMBER/SHORT TITLE: SB 61 - FELONY DEATH/SERIOUS INJURY BY VEHICLE
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 20-141.4 (a3). Felony Serious Injury by Vehicle.
DESCRIPTION
A person who
1. unintentionally
2. causes serious injury to another
3. while driving while impaired
4. which proximately causes that serious injury.
PROPOSED OFFENSE CLASS
Class E felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
personal injury as Class E felonies.
G.S. 14-32(b), Assault with a deadly weapon inflicting serious injury, is a Class E felony.
This provision is identical to a provision in SB 687 which the Commission reviewed in April, 2003. The
Commission found that provision to be consistent with the Offense Classification Criteria.
FINDINGS
Bill is consistent with Offense Classification Criteria
Bill is inconsistent with Offense Classification Criteria
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 37
BILL NUMBER/SHORT TITLE: SB 61 - FELONY DEATH/SERIOUS INJURY BY VEHICLE (cont.)
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CHANGE THE CLASS OF AN EXISTING OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 20-141.4(b). Felony death by vehicle.
DESCRIPTION
A person who:
1. unintentionally
2. causes the death of another
3. while driving while impaired
4. proximately causing that death.
OFFENSE CLASS
CURRENT: Class G felony.
PROPOSED: Class D felony.
ANALYSIS
The Offense Classification Criteria were not used in the classification of homicide offenses.
This provision is identical to a provision in SB 687 which the Commission reviewed in April, 2003. The
Commission found that the Offense Classification Criteria were not applicable.
FINDINGS
Bill is consistent with Offense Classification Criteria
Bill is inconsistent with Offense Classification Criteria
Offense Classification Criteria are not applicable.
The Offense Classification Criteria were not used in the classification of homicide offenses.
Note: Involuntary Manslaughter, G.S. 14-18, is a Class F felony. Voluntary Manslaughter, G.S. 14-18, is a
Class D felony.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony and Misdemeanor Simulation Data 38
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
SB 61: FELONY DEATH/SERIOUS INJURY BY VEHICLE
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
Felony Death by Vehicle
This bill reclassifies Felony Death by Vehicle from a Class G felony to a Class D felony (see attached impact
projection). There were 35 convictions for this offense in FY 2003/04.
Instead of being convicted of Felony Death by Vehicle, offenders proximately causing a death during
commission of a Driving While Impaired offense can be convicted of Involuntary Manslaughter (G.S. 14-18),
a Class F felony, under current law. There were 83 convictions for Involuntary Manslaughter in FY 2003/04.
The Sentencing Commission’s felony data does not contain information on how many of these convictions
involved offenders proximately causing a death during commission of a Driving While Impaired offense so
it is not possible to determine how many of these offenders would be convicted under Felony Death by
Vehicle if it were classified more seriously than Involuntary Manslaughter.
Felony Serious Injury by Vehicle
Since the proposed bill creates a new offense, the Sentencing Commission does not have any historical data
from which to estimate the impact of this bill on the prison population. It is not known how many offenders
might be sentenced for this offense. If, for example, there were two Class E convictions for this offense per
year, the combination of active sentences and probation revocations would result in the need for one
additional prison bed the first year and three additional prison beds the second year.
Offenders eligible for prosecution under the new offense currently may be convicted of Assault with a Deadly
Weapon Inflicting Serious Injury (G.S. 14-32(b), a Class E felony) or Assault Inflicting Serious Injury (G.S.
14-33(c)(1), a Class A1 misdemeanor). It is also possible that offenders eligible for prosecution under the
new offense could be convicted of Assault with a Deadly Weapon (G.S. 14-33(c)(1), a Class A1
misdemeanor) as a reduction in charge from Assault with a Deadly Weapon Inflicting Serious Injury. In FY
2003/04 there were 453 convictions for Assault with a Deadly Weapon Inflicting Serious Injury, 871
convictions for Assault Inflicting Serious Injury, and 1,397 convictions for Assault with a Deadly Weapon.
The Sentencing Commission’s felony and misdemeanor data do not contain information on how many of
these convictions involved injury proximately caused by a Driving While Impaired offense.
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony and Misdemeanor Simulation Data 39
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
SB 61: FELONY DEATH/SERIOUS INJURY BY VEHICLE
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED
UNDER STRUCTURED SENTENCING
Proposal Modeled: Reclassifies Felony Death by Vehicle from a Class G felony to a Class D felony.
FISCAL YEAR ESTIMATED ADDITIONAL
PRISON BEDS
2006/07 12
2007/08 41
2008/09 70
2009/10 102
2010/11 134
2011/12 155
2012/13 163
2013/14 169
2014/15 171
2015/16 175
NOTES:
1.Assumes effective for crimes committed on or after 12/1/2005. Fiscal Year 2006/07 represents the first
full year of impact due to the gap between the time a felony offense is committed and the offender is
sentenced.
2.The assumptions for active sentences and probation revocations assume the same percentages as found
in FY 2003/04 for Class D convictions. Assumes no changes in judicial or prosecutorial behavior regarding
convictions for this offense.
3.There will be some impact on Post-Release Supervision caseloads as a result of reclassifying this
offense from a Class G to a Class D.
4.Assumes no deterrent or incapacitative effects.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s offense Classification Criteria does
not imply either support or opposition to the bill itself. 40
BILL NUMBER/SHORT TITLE: SB 200 - FETAL MURDER
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-17. Murder in the first and second degree defined; punishment.
DESCRIPTION
A person who
1. engages in conduct that violates any of the provisions of subsection (a) (first and second degree murder)
2. with respect to the death of a pregnant woman, and
3. thereby causes the death of a child who is in utero at the time the conduct takes place.
PROPOSED OFFENSE CLASS
Class A for first degree murder, Class B2 for second degree murder.
ANALYSIS
The Sentencing Commission did not use the criteria in the classification of the homicide offenses.
Conduct relating to an abortion or any medical treatment is excluded.
This provision is identical to a provision in SB 1425 which the Commission reviewed in June, 2004. The
Commission found that the Offense Classification Criteria were not applicable.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
The Offense Classification Criteria were not used in the classification of homicide offenses.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony Simulation Data 41
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
SB 200: FETAL MURDER
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
Since the proposed bill creates a new offense, the Sentencing Commission does not have any historical data
from which to estimate the impact of this bill on the prison population. It is not known how many offenders
might be sentenced and convicted for the proposed offense.
First Degree Murder
In FY 2003/04 there were 101 convictions for First Degree Murder (Class A). Offenders convicted of First
Degree Murder may receive either a death sentence or life without parole. Of the 101 convictions for First
Degree Murder in FY 2003/04, 7 received a death sentence and 94 received life without parole.
Under the proposed bill, the separate offense for causing the death of a child who is in utero at the time the
conduct takes place would result in no additional impact on the prison system. The sentence for the proposed
separate offense would be served concurrent with or consecutive to the sentence for First Degree Murder of
the pregnant woman.
Second Degree Murder
In FY 2003/04 there were 181 convictions for Second Degree Murder (Class B2). Sentence lengths for Class
B2 felons range from 94 months (lowest sentence in Prior Record Level I) to 392 months (highest sentence
in Prior Record Level VI). In FY 2003/04, the average estimated time served for a Class B2 felon was 189
months.
Under the proposed bill, the separate offense for causing the death of a child who is in utero at the time the
conduct takes place would not result in any short-term impact (i.e., within the ten-year projection period).
The proposed bill would have long-term impact if the sentence for the proposed separate offense would be
served consecutive to the sentence for Second Degree Murder of the pregnant woman.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 42
BILL NUMBER/SHORT TITLE: SB 428 - NO LASERS POINTED AT PLANES
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-282.1. Unauthorized laser illumination of an aircraft.
DESCRIPTION
Any person who
1. intentionally and without legal authorization,
2. illuminates and aircraft with a laser
3. while the aircraft is taking off, landing, or in flight.
PROPOSED OFFENSE CLASS
Class H felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in significant
societal injury as Class H felonies.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony Simulation Data 43
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
SB 428: NO LASERS POINTED AT PLANES
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
Since the proposed bill creates a new offense, the Sentencing Commission does not have any historical data
from which to estimate the impact of this bill on the prison population. It is not known how many offenders
might be sentenced under the proposed bill. If, for example, there were three Class H convictions under this
proposed bill per year, the combination of active sentences and probation revocations would result in the
need for one additional prison bed the first year and two additional prison beds the second year.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 44
BILL NUMBER/SHORT TITLE: SB 472 - CHILD EXPLOITATION PREVENTION ACT
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-202.3. Solicitation of child by computer to commit an unlawful sex act.
DESCRIPTION
A person who is 16 years of age or older
1. knowingly, with the intent to commit an unlawful sex act,
2. entices, advises, coerces, orders, or commands,
3. by means of a computer,
4. a person the perpetrator believes to be a child who is less than 16 years of age and at least 3 years
younger than the defendant,
5. to meet with the defendant or any other person
6. for the purpose of committing an unlawful sex act.
PROPOSED OFFENSE CLASS
Class I felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in societal injury
as Class I felonies.
The current offense, which involves an actual child, is a Class I felony.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony Simulation Data 45
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
SB 472: CHILD EXPLOITATION PREVENTION ACT
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
The Administrative Office of the Courts (AOC) currently does not have a specific offense code for violations
of G.S. 14-202.3. The lack of an AOC offense code is some indication that this offense is infrequently
charged and/or infrequently results in convictions.
The proposed bill creates a new offense. The Sentencing Commission does not have any historical data from
which to estimate the impact of this proposed offense on the prison population. It is not known how many
offenders might be convicted and sentenced for this proposed offense. If, for example, there were ten Class
I convictions under this proposed bill per year, the combination of active sentences and probation
revocations would result in the need for one additional prison bed the first year and three additional prison
beds the second year.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 46
BILL NUMBER/SHORT TITLE: SB 477/HB 891 - MASTER KEYS/LOCK-PICKING DEVICES
REGULATED.
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-56A. Preparation to commit breaking or entering into motor vehicles.
DESCRIPTION
Subsection (b):
Any person who
1. with intent to commit any felony, larceny, or unauthorized use of a motor propelled conveyance,
2. is found to have in their possession, without lawful excuse,
3. Any motor vehicle master key or other motor vehicle lock picking device.
PROPOSED OFFENSE CLASS
Class I felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss as Class I felonies.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
DATE PREPARED: 3/16/05 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 47
BILL NUMBER/SHORT TITLE: SB 477/HB 891 - MASTER KEYS/LOCK-PICKING DEVICES
REGULATED.
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-56A. Preparation to commit breaking or entering into motor vehicles.
DESCRIPTION
Subsection (c):
Any person who
1. Buys, sells, or transfers
2. A motor vehicle master key, manipulative key or device, key-cutting device lock pick or lock-picking
device or hot wire, designed to open or capable of opening the door or trunk of any motor vehicle or
of starting the engine of a motor vehicle.
PROPOSED OFFENSE CLASS
Class I felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss or societal injury as Class I felonies.
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Note: This section would be consistent with the Offense Classification Criteria if it included the element of
intending to commit a crime.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony Simulation Data 48
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
SB 477/HB 891: MASTER KEYS/LOCK-PICKING DEVICES REGULATED
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER STRUCTURED
SENTENCING
G.S. 14-56A(b)
Since the proposed section creates a new offense, the Sentencing Commission does not have any historical
data from which to estimate the impact of this bill on the prison population. It is not known how many
offenders might be sentenced under the proposed bill. If, for example, there were ten Class I convictions
for this proposed offense per year, the combination of active sentences and probation revocations would
result in the need for one additional prison bed the first year and three additional prison beds the second year.
In FY 2003/04, there were 586 convictions for Breaking or Entering a Motor Vehicle (Class I), 332
convictions for Felony Larceny of Motor Vehicle (Class H), 1,466 convictions for Unauthorized Use of a
Motor Vehicle (Class 1), and 20 convictions for Misdemeanor Larceny of Motor Vehicle (Class 1). It is not
known how many of these convictions involved the use of a motor vehicle master key or other motor vehicle
lock-picking device. If a large number of the misdemeanor convictions were to become Class I felony
convictions due to the use of a motor vehicle master key or other motor vehicle lock-picking device, the
impact on the prison system could be substantial.
G.S. 14-56A(c)
Since the proposed section creates a new offense, the Sentencing Commission does not have any historical
data from which to estimate the impact of this bill on the prison population. It is not known how many
offenders might be sentenced under the proposed bill. If, for example, there were ten Class I convictions
for this proposed offense per year, the combination of active sentences and probation revocations would
result in the need for one additional prison bed the first year and three additional prison beds the second year.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does
not imply either support or opposition to the bill itself. 49
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CHANGE THE PUNISHMENT RANGE FOR A CRIME/CLASS
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-3. Punishment of misdemeanors, infamous offenses, offenses committed in secrecy and malice, or with
deceit and intent to defraud, or with animosity based upon ethnicity, gender, age, sexual orientation, or
disability; punishment of felony committed with animosity based upon ethnicity, gender, age, sexual
orientation, or disability.
DESCRIPTION
Subsection (d):
Applies to any felony that is committed because of the victim’s real or perceived race, color, religion,
nationality, gender, sexual orientation, disability, age, or country of origin.
PUNISHMENT RANGE
CURRENT (if applicable): Punished according to the class of the felony committed and the offender’s
prior record level.
PROPOSED: Punished at the sentencing level (prior record level?) that is one level higher than that
authorized by the offender’s prior record.
ANALYSIS
The current misdemeanor enhancement (subsection (c)) raises Class 2 and 3 misdemeanors to Class 1, and
Class A1 and 1 misdemeanors to Class I. There is no felony provision.
This provision is identical to a provision in SB 736 which the Commission reviewed in April, 2003. The
Commission found that provision to be inconsistent with G.S. 164-41.
FINDINGS
Bill is consistent with G.S. 164-41.
Bill is inconsistent with G.S. 164-41.
Note: There is currently an aggravating factor that applies to offenses committed against a victim because
of the victim’s race, color, religion, nationality, or country of origin. This factor does not include gender,
sexual orientation, disability, or age (G.S. 15A-1340.16(d)(17))
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
BILL NUMBER/SHORT TITLE: SB 485 - HATE CRIMES/MATTHEW SHEPARD
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony and Misdemeanor Simulation Data 50
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
SB 485: HATE CRIMES/MATTHEW SHEPARD
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER
STRUCTURED SENTENCING
The bill amends the current hate-crime statutes by expanding the protected victim groups to include gender,
sexual orientation, disability, and age, in addition to the current protected groups of race, color, religion,
nationality, and country of origin. The bill expands the definition of hate crimes to include those committed
because of a victim’s “real or perceived” membership in a protected group.
The SBI provides information about hate crimes in its annual report Crime in North Carolina. The SBI
bases its definition of hate crimes on the U.S. Hate Crime Statistics Act of 1990. Crimes committed with
animosity based on race, religion, sexual orientation, ethnicity, and disabilities are covered under this Act.
Crimes committed with animosity based on gender or age are not currently covered under this Act and, as
a result, are not included in the SBI’s statistics on hate crimes. In 2003, the SBI reported 77 hate crime
incidents. The bias motivation distribution was as follows: 51 for race, 12 for ethnicity, 4 for religion, 10
for sexual orientation, and 0 for disability. Based on this information, it is not known how many of these
hate crime incidents resulted in convictions.
Year Number of
Hate Crime Incidents
Number of Agencies Reporting
Hate Crime Incidents
1995 52 59
1996 34 83
1997 42 22
1998 40 17
1999 31 15
2000 39 15
2001 85 41
2002 62 29
2003 77 22
SOURCE: Crime in North Carolina - 2003
G.S. 14-3(c)
There is no data available to estimate how many misdemeanor convictions may be affected by the proposed
broadening of this statute. The Administrative Office of the Courts (AOC) does not have a specific offense
code for violations of N.C.G.S. 14-3.
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2003/04 Felony and Misdemeanor Simulation Data 51
In FY 2003/04, 19% of Class 1 misdemeanor convictions resulted in active sentences. The average
estimated time served for Class 1 convictions was 31.2 days. Offenders serving active sentences of 90 days
or less are housed in county jails. Therefore, Class 2 or Class 3 convictions for this offense that would be
reclassified to Class 1 convictions under this proposed bill would not be expected to have a significant
impact on the prison population. The impact on local jail populations is not known.
There is no data available to estimate how many Class A1 and Class 1 misdemeanors would be moved to
Class I. If, for example, there were 10 convictions that moved from Class A1 or Class 1 misdemeanors to
Class I felony convictions under this proposed bill, the combination of active sentences and probation
revocations would result in the need for one additional prison bed the first year and three additional prison
beds the second year.
G.S. 14-3(d)
It is not possible to determine which offenders convicted of Class B1-I felonies (i.e., the number of
offenders, the offense class, or prior record level) to which this provision could apply. The number of
average additional months served by moving up one prior record level will vary greatly depending on the
original felony class and prior record level. Therefore, the impact of this provision cannot be determined,
but could be substantial.
G.S. 14-401.14
In FY 2003/04 there were 12 convictions for ethnic intimidation. It is not known how many additional
convictions would result by broadening the scope of the existing statue to add “real or perceived race, gender
or gender expression, sexual orientation, disability, and age” to the list of factors. In FY 2003/04, 19% of
Class 1 misdemeanor convictions resulted in active sentences. The average estimated time served for Class
1 convictions was 31.2 days. Offenders serving active sentences of 90 days or less are housed in county
jails. Therefore, broadening the scope of the existing statute would not be expected to have a significant
impact on the prison population. The impact on local jail populations is not known.
G.S. 15A-1340.16(d)(17)
The aggravated sentence range allows the judge to impose a sentence that is up to 25% longer than the
longest sentence in the presumptive sentence range. During FY 2003/04, 7% (or 655) of active sentences
imposed for felony convictions were in the aggravated sentencing range. However, the Administrative
Office of the Courts’ computerized Criminal Information System does not contain data on the application
of specific aggravating or mitigating factors. Therefore, it is not known how many sentences have been
aggravated based on this aggravating factor. It is also not known how many sentences might be aggravated
if this aggravating factor is broadened to include “real or perceived race, gender or gender expression, sexual
orientation, disability, and age.” Therefore, the impact of this provision cannot be determined.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 52
BILL NUMBER/SHORT TITLE: SB 532/HB 935 - CONSTRUCTION SITE THEFT/AGGRAVATE
PENALTY
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CHANGE THE CLASS OF AN EXISTING OFFENSE
(PREPARED PURSUANT TO G.S. 164-43)
STATUTE
§ 14-72. Larceny of property; receiving stolen goods or possessing stolen goods.
DESCRIPTION
Subsection (b)(6):
If larceny is from a permitted construction site.
OFFENSE CLASS
CURRENT: If the goods are worth more than $1,000, it is a Class H felony, $1,000 or less, it is a Class 1
misdemeanor.
PROPOSED: If the goods are worth more than $300, it is a Class H felony, $300 or less, it is a Class 1
misdemeanor.
ANALYSIS
Larceny of goods from a permitted construction site currently comes under the general larceny statute in
subsection (a).
FINDINGS
Bill is consistent with Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Note: If the larceny were from a dwelling (other than pursuant to breaking and entering), the goods would
have to have a value of more than $1,000 in order to be a felony.
DATE PREPARED: 3/16/05 IMPACT OF BILL ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not
imply either support or opposition to the bill itself. 53
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
SB 532/HB 935 - CONSTRUCTION SITE THEFT/AGGRAVATE PENALTY
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER STRUCTURED
SENTENCING
Analysis has not been requested yet.